Wondering how divorce is different from legal separation? The dissolution of a relationship can usually force an emotionally difficult and unsettling time on both parties. For a couple who has come to terms with the fact that their relationship has terminated, taking the next step may be even more difficult.
Figuring out the difference between separation and divorce is crucial when it comes to taking the next step. Especially when there are children involved, both partners need to know how both these options will affect their lives moving forward.
With emotions becoming too intense and dealing with the adverse results of the breakdown of your relationship, having a clear idea and understanding will be key in helping you make your decision.
This blog explores the difference between separation and divorce, and the implications of both.
Separation or Divorce: Which One to Go for?
Deciding whether to live apart or get a divorce is a very personal and difficult decision. You need to set your attention focused on the following factors when deciding:
- Marital Issues: You need to figure out your marriage issues and how serious they are. If the problems are short-lived or triggered by a specific situation, a trial separation could be a way to handle them without terminating the marriage.
- Children: If you have children, their well-being must be given priority. A legal separation with clear child care and support plans can minimize conflict and discomfort; it may also aid in reconciliation.
- Effects on Finances: You need to turn your attention to your finances. Separation can be advantageous to your finances; for example by allowing you to retain certain insurance plans and qualify for tax breaks. However, divorce can grant you extended financial freedom.
What Are My Legal Rights in a Separation in Canada?
In Canada, you may be entitled to many legal rights and privileges if you are considering a separation. You can leverage the following legal rights when you go through a separation in Canada:
- Property Division: In most cases, property obtained during the marriage is believed to be marital property. It will be divided fifty-fifty between the partners, no matter who obtained it or whose name it is in.
- Spousal Support: One spouse may be required to make payment to the other after separation. Spousal support can be short-term or permanent. It is determined on the basis of the length of the marriage, the spouses’ incomes, and the party receiving support.
- Child Support: Child support refers to the money one spouse pays the other to take after their kids. Child support is generally paid until the child reaches the age of 18, but it can be paid for a longer period considering the special needs of the child. Child support is dependent on how much each parent earns, what the children need, and how much time they spend together.
- Custody and Access: Custody refers to the legal right to make decisions about a child’s upbringing, including where they live, their education, and their medical care. The right to pass time with a kid is known as access. Children are generally shared between separated spouses. However, the kid’s best interests will specify custody and access arrangements.
What Are the Differences between Separation and Divorce in Canada?
Let’s take a look at the differences between separation and divorce in Canada.
| Differences | Separation | Divorce |
| Legal Status | While separated, partners are still legally married. They live apart but have not acquired a divorce | Divorce legally puts an end to the marriage, and both parties are allowed to remarry |
| Legal Recognition | Separation applies to both married couples and common-law spouses. The same rules, like living separately to officially end the relationship, apply regardless of marital status. | Divorce is only applicable to legally married couples. |
| Process | Separation does not need court involvement or formal paperwork. It can take place informally when spouses make a decision to live apart | Divorce is in need of filing a formal application with the court, providing proof of the grounds for divorce, and getting a court decree to end the marriage |
| Grounds | Separation can take place without any specific grounds and may just include one partner deciding to live apart from the other | To get a divorce, one needs to prove that the marriage has irretrievably weakened, usually shown by one year of separation, cruelty, or adultery |
| Remarriage | Spouses who are separated but not divorced are not allowed to remarry, without being influenced by how long they have been separated. | Once divorced, partners are free to remarry without legal barriers. |
What Is the Difference between a Legal Separation and a Divorce?
A “separation” is when a couple makes a decision to live apart from each other since the relationship has broken down. The couple may be married, or they may not be married but living together like a married couple in a common-law relationship. A “divorce” is when a court officially puts an end to a marriage.
Conclusion
Separation and divorce are legal processes that can exert considerable influence on the lives of individuals and families.
While separation may create a period of reflection and space for couples to weigh up their relationship, divorce legally terminates the marriage.
It is crucial to figure out the differences between separation and divorce and to seek professional advice when considering either option to ensure the best results for you and your family.If you have any questions regarding the differences between legal separation and divorce in Canada, do not hesitate to book a consultation with us at https://zukermanlaw.ca/ to receive professional guidance from our experienced lawyers.
FAQs
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1- Is it possible to live together during separation?
Certainly. Couples usually live in the same house post-split for financial reasons, children, or to divide properties. They may even make a decision to live together in hopes of working issues out soon.
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2- Can I automatically obtain a divorce in Canada after being separated for a long period of time?
No, “automatic divorce” does not exist in Canada. Even after a long time of separation, you need to apply for a divorce through the court system to legally terminate your marriage.
