What is Separation?

When married or common law couples decided to end their relationship and begin living apart from each other, they are considered as separated in the eyes of Law.

What is Separation Under the Same Roof?

Separation is defined as the intention of a spouse or Common Law Partner to live apart and separate from the other one. This does not actually necessitate one spouse moving out and living in a different property it is possible to live “separate and apart” whilst remaining under the same roof.

In order to identify whether spouses are living “separate and apart” a court will consider the following factors:

• Do they share a bedroom?
• Do they have sexual relations?
• Do they prepare and eat meals together?
• Do they attend social events as a couple?
• Do they share chores?
• Do they continue to talk to each other about and fit in around one another’s schedules?

Therefore, separation in Ontario means when couples end their relationship and being to live separate and apart, albeit under one roof.

On the other hand Divorce in Ontario means to end a marriage by way of a Court Order only after one year of Separation. You can commence Divorce proceedings before completion of one year of Separation but the Divorce Order will not be granted until one year has passed.