What is a ‘legal separation’?

January 30, 2017

There is no such thing as a ‘legal separation’. People are separated when they meet the legal definition of being separated, regardless of whether they have a written agreement.

In fact, many spouses can be “living separate and apart under the same roof”. In other words, spouses can be separated, but still living together in the same home.

You don’t have to have a Separation Agreement to be separated. The date of separation is relevant to two issues; firstly, if you are basing your claim for a divorce on the fact that you and your spouse have “lived separate and apart for one year”, the divorce order will only be able to be granted one year from the date of separation. Secondly, in Ontario, there is an equalization of property formula that divides property (and debt) accumulated by each spouse from the date of marriage to the date of separation. The value of solely-owned property – for equalization purposes – is essentially “frozen” as at the date of separation.