Separation

Married Couple

For married couples, separation occurs when one or both parties indicate their desire to end the relationship, and the parties begin living “separately and apart” and there is no reasonable prospect that they will reconcile. Living “separately and apart” refers to married spouses living independently of one another, with respect to day-to-day activities. A couple can remain in their matrimonial home throughout the separation and establish their intent to separate through their lifestyle choices.

Date of Separation

Determining the date of separation is important for several reasons. It impacts a number of issues including the division of property, and the date a divorce order can be granted. For property division purposes, the date of separation indicates the date at which all family property will be appraised for its value. The calculated value of all property as of that date will be used to determine the equalization of net family property between the spouses.

In cases where the date of separation is less clear, a letter from your lawyer or a court application will signal or help to crystallize the date of separation.

Common Law Couples

For common law couples, there is no need to legally terminate the relationship; however, separating may create a number of issues which will need to be resolved, such as the division of certain property, support payments, and parenting matters. The terms of a common law separation may be governed, in part, by an existing cohabitation agreement, and the couple may wish to create a separation agreement to codify their rights and responsibilities at the end of the relationship.

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