Separation & Divorce
Separation vs. Divorce
Separation is a frequent term used to describe when a married or common law relationship couple decide to live apart from one another. However, a divorce usually entails further legal action.
For separation regarding a married couple, they are not “divorced” until a divorce is obtained which is having the court recognize the official end of a marriage.
Divorce
Divorce is the legal process of ending a married couple’s marriage under the Divorce Act. Upon the separation, important factors such as children, property, support and finances should be discussed. There are two types of divorces: uncontested and contested.
Uncontested Divorce
An uncontested divorce implies that both parties agree the marriage should be terminated and can work together or separate/share relevant legal responsibilities including, but not limited to parenting, support, property debt/division, and more. Uncontested divorces are usually simpler and remain outside of court.
Contested Divorce
A contested divorce means both parties dispute frequently on important terms of the separation and may require negotiation with the assistance of counsel. However, a contested divorce may lead to court intervention for a decision to be resolved in front of a judge.
Spousal Support
Upon separation, one spouse may be entitled to financial assistance from the other, known as spousal support.
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Spouse support, if applicable, follows the federal Spousal Support Advisory Guidelines (SSAG) with the support amount ranging based on factors outlined in the SSAG.
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​However, spouse support is only given if the recipient is legally entitled to receive the financial support. The amount received will be taxed as income for the recipient. Spousal support can be paid monthly in a time varying from 5-10 years from the date of separation.
Common Law Relationships
Common law relationships occur when two people in a romantic relationship have done one of the following:
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1. Have lived for at least three years together
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2. Have a child together either by birth or adoption and have lived together for at least one year with the intention to have it be permanent
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Common law relationships include many responsibilities (ex. Property, finances, family, etc.) similar to those of a marriage.
Spousal support and other claims on property and assets may occur at the end of a common law relationship.
