Separation
Living apart, married or not
You can be separated even while sharing a home. A separation agreement settles parenting, child support, spousal support, debts and the division of assets. Many couples stay separated for years.
Ontario
family law · Divorce
Divorce and separation in Ontario.
Quick answer
A divorce legally ends a marriage. A separation is when a married or common law couple decides to live apart, which can happen even under one roof. In Ontario you generally live apart for one year before a divorce, and a separation agreement can settle parenting, support and property in the meantime.
Ontario, Canada · Updated 2026.
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01Two different things
Separation or divorce.
They have different legal meanings. Many couples separate first and only divorce later, often when one of them wants to remarry.
Divorce
Legally ending the marriage
A divorce ends the marriage and lets each person remarry. Unless there is cruelty or adultery, you live apart for one year before it is granted. A divorce cannot be rushed the way a separation can simply be agreed.
02Separate and apart
You can be separated under one roof.
Courts look at how you actually live, not only at separate addresses. Once separated you can settle parenting, support, debts and property by agreement or court order.
- ●Whether you still share a bedroom
- ●Whether you still have a relationship
- ●Whether you share chores or meals
- ●Whether you attend events together as a couple
- ●Whether you accommodate one another day to day
03Can you apply
Eligible for a divorce in Ontario.
Three conditions need to be met before you can apply. We confirm them on the first call.
-
1You were legally married
Anywhere in the world, including Canada.
-
2You intend to separate permanently
With no expectation of getting back together.
-
3You meet the residency rule
You or your spouse have lived in Ontario for at least the 12 months before the application.
04Grounds
Three ways to show a marriage has broken down.
Most divorces use the no fault ground of living apart for one year. Fault grounds can be faster but need clear evidence.
| Ground | Type | What it needs | Possible timing |
|---|---|---|---|
| Living apart for one year | No fault | No proof of wrongdoing | About one year |
| Cruelty | Fault | Clear and convincing evidence | Can be under one year |
| Adultery | Fault | Clear evidence, not your own conduct | Can be under one year |
A spouse cannot apply for a divorce based on their own adultery.
05What to expect
From living apart to remarriage.
You can begin the application during the year. The divorce becomes final on the 31st day after the judgment.
1
Day one
Start living apart
The separation date starts the clock. You can begin the divorce application during the year.
2
Months 1 to 12
Settle the terms
Agree parenting, support and property where you can, in a separation agreement.
3
After one year
Divorce granted
The court issues the divorce judgment once the year has passed.
4
Day 31 after
Divorce is final
It takes effect on the 31st day. Request a divorce certificate and you can remarry.
Not sure if you count as separated? Talk it through.
Book a 15 minute call
How long do we have to be separated before a divorce
At least one year of living apart, unless you are claiming a fault divorce based on cruelty or adultery.
Can I get a divorce without my spouse agreeing
Yes. The court can grant a divorce on the application of either spouse and does not require the consent of both.
How soon can I remarry
A divorce takes effect on the 31st day after the judgment is issued. After that you can request a divorce certificate and remarry.
Do we need to go to court
Not always. Many couples settle parenting, support and property in a separation agreement and only use the court to finalise the divorce.
The Khan Law approach to separation and
divorce
A calm first conversation, a clear plan, and a fixed fee for an uncontested separation agreement quoted before we begin.
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Whether you need a separation agreement or to finalise a divorce, the conversation starts with a call.
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