Simple Divorce Papers

In this post we are going to look at an issue that many people find quite confusing – the legal significance of “separation”. “Legal separation” is a term we often hear but which really has no significance in Canadian law. Attaching the word “legal” to the word “separation” suggests that there might be such a thing as an “illegal” separation. But since each spouse has an equal right to end the relationship, a separation can be accomplished simply by one person deciding that he or she no longer wants to continue the relationship with the other spouse. There is no such thing as an illegal separation. Therefore, any separation is a legal separation.

To become separated one or both spouses need to act on an intention to end the relationship. This usually involves one spouse moving out of their common residence but this is not always the case. Spouses can separate even while continuing to reside together under the same roof for economic or other reasons. The key to a separation is that the spouses no longer act like spouses: eating together, sharing experiences, running errands for each other, holding or acquiring assets together, sleeping together, et cetera. They do not need to draw a chalk line through the center of their apartment or restrict themselves to exclusive portions of their home. They simply need to treat each other like roommates or fellow boarders rather than life partners.

The intention of at least one of the spouses to end the relationship is important because otherwise a situation where the spouses need to reside apart for some extended period of time due to work or other responsibilities would result in a separation even though neither spouse desired it. So it is not whether the couple resides together that matters so much as whether they are acting like spouses that determines whether they have separated.

After separation a couple can resume their spousal relationship for a period of up to 90 days before negating the legal effects of their separation. This is especially important when a separation agreement has been signed. The best way to explain this is by an example. Let us say that a couple separated on May 1. Later they decide to try to get back together and resume cohabitation on August 15 to see if they can work things out. If they separate again before November 15 the date of their separation would remain May 1.