The Difference Between Separation And Divorce: Which One Is Right For You

Apr 25, 2025

You and your spouse are splitting up, and now come the questions, including the core one: “What is the difference between separation and divorce?” You might find yourself confused about the legal options available. Should you separate, or should you pursue a divorce? These terms carry very different legal meanings and consequences under Ontario law.

Unfortunately, many people in Ontario aren’t fully aware of the legal implications of choosing one path over the other. That lack of clarity can lead to costly mistakes, emotional turmoil, and unnecessary delays. Whether it’s how to handle shared assets or co-parent your children, understanding the difference between separation and divorce is key to navigating your next steps with confidence.

In this blog post, we’ll clarify the legal definitions and processes of separation and divorce in Ontario. We’ll explore when each might be appropriate, how to legally document a separation through a separation agreement in Ontario, and what the divorce process in Ontario entails.

What is a Separation?

A separation in Ontario happens when a married or common-law couple decides to live apart with the intent of ending their relationship, even if they continue to reside in the same house. There’s no requirement to file anything with the court to become legally separated. However, to protect your rights and ensure clarity on important issues like parenting, support, and property division, it’s highly recommended to enter into a separation agreement.

A separation agreement is a legally binding document that outlines the terms of your separation. This may include:

Living arrangements and parenting schedules
Child support and spousal support
Division of property and debts

It’s advisable to work with a family law lawyer in preparing the separation agreement to ensure that the agreement meets Ontario legal standards and is enforceable.

What is a Divorce?

A divorce is the legal process that ends a marriage. In Ontario, divorces are governed by the Canadian Divorce Act and must be granted by the Superior Court of Justice. To file for divorce, you must meet certain conditions:

You are legally married
You or your spouse has lived in Ontario for at least one year
There has been a breakdown of the marriage, and you have been separated for at least one year

The most common ground for divorce is living separate and apart for at least one year. Once a divorce is granted, the marriage is legally terminated, and either party is free to remarry.

The divorce process in Ontario involves filing an application with the court, serving the documents to your spouse, and resolving any outstanding issues such as parenting, support or property division (if not already covered by a separation agreement).

Understanding the Difference Between Separation and Divorce

Although both separation and divorce involve ending a relationship, there are important distinctions in how each is handled legally and practically.

Separation allows couples to live apart while remaining legally married. This option provides flexibility and may be preferable for those who are unsure about ending the marriage permanently or who wish to retain certain financial or legal benefits.

Divorce, on the other hand, is the final legal end to a marriage. It’s necessary if you want to remarry, and it generally involves a more formal legal process through the court.

Choosing between separation and divorce depends on your personal, emotional, and financial circumstances. Understanding your options can help you decide which path is right for you.

Why Some Couples Choose Separation Over Divorce

Sometimes divorce isn’t the best option. Here are some of the top reasons why some choose separation over divorce.

1. Religious or Cultural Beliefs

Some individuals may have religious or cultural values that discourage or forbid divorce. In such cases, separation allows spouses to live apart and move on with their lives without officially ending the marriage.

2. Financial or Legal Considerations

In some situations, separating rather than divorcing can preserve certain benefits, such as shared health insurance or pension entitlements. For couples with complex financial entanglements, separation may offer a practical solution that gives them time to negotiate a fair settlement.

3. Emotional Readiness and Flexibility

Separation offers a less permanent option for couples who are unsure if reconciliation is possible. It provides space and clarity while still allowing legal protections through a separation agreement in Ontario. This can be particularly important for couples with children or shared business interests.

Recent Trends: Separation and Divorce in Ontario

Recent data from Statistics Canada and family law professionals indicate that:

Ontario saw over 22,000 divorces in 2021, showing a moderate increase post-pandemic as couples reassess their relationships and priorities.
Separation is increasingly common, though harder to track statistically since it does not always involve court filings. Surveys suggest that up to 40% of married couples may experience separation at some point.
Many couples now prioritize cohabitation agreements and separation agreements over traditional divorce due to financial and emotional factors.

There’s also a noticeable increase in common-law relationships, which do not require a legal divorce but still often necessitate legal guidance when the relationship ends.

How to Decide What’s Right for You

When considering your options, ask yourself the following:

Do I want to remain legally married for financial, personal, or religious reasons? If yes, then a separation may be the better route.
Am I ready to legally end the marriage and possibly remarry in the future? If so, you’ll need to go through the formal divorce process.
Do I have a clear agreement in place about property, parenting, and support? If not, consult a lawyer to draft a separation agreement or to prepare for divorce proceedings.

It’s important to understand that both separation and divorce have legal consequences. Deciding without proper guidance can lead to complications down the road.

Get Informed About The Difference Between Separation And Divorce

When it comes to the difference between separation and divorce, clarity is power. By understanding the legal definitions, practical implications, and emotional dimensions of both options, you can make a decision that supports your goals and well-being. Separation may offer flexibility and breathing room, while divorce offers a clean legal break. Whatever path you choose, you don’t have to navigate it alone — Kelly Jordan Family Law is here to help.

Work With a Trusted Family Law Firm

At Kelly D. Jordan Family Law, we understand that this is one of the most important decisions you’ll ever make. If you’re looking to create a separation agreement in Ontario or need guidance through the divorce process in Ontario, our experienced family law team is here for you.

Family law lawyer Kelly D Jordan can provide you with the legal guidance and support you need.

If you need legal advice regarding separation or divorce, contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation. Let us provide you with the guidance and representation you need.