When a married couple considers terminating their relationship, they have two choices: separation or divorce. Both have advantages and disadvantages, and it is vital to be aware of these before deciding.
This blog explores the definition of separation and divorce and their key differences. It also delves into the main reasons for divorce and separation. If you want to know the reasons and differences between divorce and separation, read this blog.
What Is Separation?
Separation in Canada, like many other countries, refers to the decision of a married or common-law couple not to live together, showing the end of their coexistence while still legally married. The preconditions for separation are not legally complicated and usually include deciding if a permanent separation or divorce suits their situation.
The Most Common Reasons for Separation
The married couple decide to live apart. Separation does not have a formal process or require specific conditions. The most common reasons for separation are:
- Marital problems: Conflict, communication issues, or irreconcilable differences can result in separation.
- Emotional or physical abuse: Safety issues may cause someone to leave the relationship.
- Infidelity: This issue can be an important reason for separation.
- Financial issues: Financial problems can affect a relationship, resulting in separation.
- Incompatibility: Couples may find their relationship has become less friendly and no longer have common objectives.
- Substance abuse: Substance abuse can cause couples to break up.
To evaluate if a couple is separate, it is necessary to analyze the following factors:
- The couple have separate bedrooms
- The spouses have continued sexual intercourse
- The couple introduce themselves as a couple to their community
- The quality of communication between the couple
- The couple eat meals together as a family
- The spouses take part in the same social activities
What Is Divorce?
Divorce refers to the legal process a married couple must go through to terminate a marriage. Cruelty, adultery, or living apart for one year are three grounds for divorce in Canada. The married couple only needs one of these to prove the need for the termination of their marriage legally.
The Most Common Reasons for Divorce
A married couple may file for divorce for the following reasons:
- The inclination of one or both spouses to become involved in or think about future remarriage
- The lack of important benefits (such as medical insurance and pensions) related to staying in a legal marital union
- A spouse’s obvious purpose to break off all ties with the other spouse
- A situation where the couple is already living separately and intends to formalize the termination of the marriage.
- Both spouses pursue a complete legal separation from one another.
Is It Possible to Modify a Separation Agreement into a Divorce Settlement Agreement?
If the couple pursues a divorce during the period of separation, the existing separation agreement can be changed into a divorce settlement agreement. This course of action provides financial efficiencies, removing the need for both spouses to participate in proceedings within the family court system.
Differences between Separation and Divorce
The main difference between a separation and a divorce is that the separation leaves the marriage unbroken while a divorce terminates it. A couple may choose a separation since they are easier to return than a divorce.
When a couple decides to separate, they must return together and ask the court to annul the separation order to end the separation. They do not need remarriage as they would if they were divorced.
There are other significant differences to consider when choosing between separation and divorce.
One of the leading differences is that couples maintain next-of-kin and medical decision-making rights when still married but living apart. When you divorce, you no longer maintain these rights for medical or financial issues.
In most cases, the division of marital property occurs based on its value at the time of separation. In some cases, spouses are deprived of rights to property obtained by their spouse after separation.
If you separate and get back together, even for a short time, the date of your separation alters, influencing the property distribution. Your assets and debts are already split if you get back together after a divorce.
When you separate, you can usually maintain your spouse’s healthcare advantages. You will be deprived of these if you are divorced. However, this can differ based on advantages plans and should be carefully checked before deciding to separate.
Why Do People Separate but not Divorce?
In addition to money and advantages, another reason people select legal separation instead of divorce is because they are still determining if they are ready to terminate the marriage. A legal separation gives spouses an interval to determine if the marriage can be put right.
Conclusion
Choosing between separation and divorce is essential in any married couple’s life. In Canada, you have two options: separation or divorce. Each has its legal and emotional results; understanding these is essential before deciding. The key difference between separation and divorce is that separation doesn’t legally terminate your marriage but ends your marriage. Do you have any questions regarding separation or divorce? Book a consultation at zukermanlaw.ca to get guidance from our professional team.
FAQs
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1- Is it better to get divorced or separated?
Spouses must determine if one or both parties decide to remarry. If they do, a divorce is crucial to meeting that goal. However, if the couple wants to reunite, a separation is the best option.
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2- Does separation always result in divorce?
In most cases, spouses who separate finally get divorced within three years.
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3- Is separation a legal marital status?
Yes, in Canada, separation is considered a legal marital status. It requires the spouses to live apart for at least one year before they proceed to file for divorce.
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4- Will legal separation safeguard me financially?
If a couple lives without being legally separated, they may solely be separated. This means that your period of living apart may not be included in an eventual divorce. In addition, you would still have marital duties towards your partner while living apart if you are not legally separated.
