Canada’s Divorce Act Explained – What Separating Couples Need To Know

Jun 15, 2026

If you are considering separation or divorce, understanding the Divorce Act is an important first step. The Divorce Act is the federal law that governs divorce across Canada, including Ontario. It establishes the legal framework for obtaining a divorce and addresses important issues such as parenting arrangements, child support, spousal support, and the overall divorce process.

While family law matters are governed by provincial legislation, including Ontario’s Family Law Act, the Divorce Act plays a central role in divorce situations.

Understanding how the legislation works can help you make informed decisions as you move through the separation process.

At Kelly Jordan Family Law, we help individuals and families navigate divorce laws in Ontario with practical legal guidance tailored to their unique circumstances.

What Is The Divorce Act?

The Divorce Act is federal legislation that applies to legally married spouses seeking a divorce in Canada. It sets out:

Who can apply for a divorce
The grounds for divorce
How a court can make an order for parenting time and decision-making responsibility for children, including the factors that they must consider
Child support obligations
Spousal support claims
Procedures related to divorce proceedings

Review the current version of the Divorce Act, available on the Government of Canada’s Justice Laws website.

Although family law issues such as property division are governed by provincial legislation, the Divorce Act provides the legal framework for many of the issues that arise when a marriage ends.

Can You Get A Divorce In Ontario Under The Divorce Act?

Yes, the Divorce Act allows married spouses to apply for a divorce in Ontario if certain residency requirements are met.

To file for divorce in Ontario, at least one spouse must have lived in Ontario for a minimum of one year immediately before the divorce application is started.

This requirement applies whether the divorce is contested or uncontested.

The residency requirement is outlined under section 3 of the Divorce Act and helps determine which province has jurisdiction to hear the divorce proceeding.

How Does Separation Work Under The Divorce Act?

Many people are surprised to learn that you do not need a formal court order to become separated.

Generally, spouses are considered separated when at least one spouse decides the relationship is over (provided that they have communicated this to the other spouse), and they begin living separate lives. In some situations, spouses may even be considered separated while continuing to live under the same roof, provided they are no longer functioning as a married couple.

Separation is significant because it often starts the timeline that may eventually lead to divorce. It is also the period during which spouses typically begin addressing important family law issues, such as:

Parenting arrangements
Child support
Spousal support
Division of property
Financial disclosure

Many couples resolve these matters through negotiation, mediation, or collaborative family law before formally applying for divorce.

What Are The Grounds For Divorce?

Under the Divorce Act, there is only one legal ground for divorce: the breakdown of the marriage.

A marriage breakdown can be established in one of three ways:

One-Year Separation

The most common basis for divorce is that the spouses have lived separately and apart for at least one year.

Most divorces in Canada proceed on this basis because it does not require proving wrongdoing by either spouse.

Adultery

A spouse may seek a divorce if the other spouse has committed adultery.

Evidence is typically required to support this claim.

Physical Or Mental Cruelty

A divorce may also be granted if one spouse has treated the other with physical or mental cruelty that makes continued cohabitation intolerable.

Because proving adultery or cruelty can complicate the process, many spouses choose to proceed based on one year of separation, even when other circumstances exist.

Child Support Under The Divorce Act

One of the primary objectives of the Divorce Act is to ensure children continue to receive appropriate financial support following separation or divorce.

The Act works together with the Federal Child Support Guidelines, which establish how child support is calculated.

The amount of child support typically depends on:

The paying parent’s income
The number of children
The parenting arrangement
Special or extraordinary expenses

Special expenses may include:

Childcare costs
Medical expenses
Educational expenses
Extracurricular activities

The Federal Child Support Guidelines are available through the Department of Justice.

Courts view child support as a right belonging to the child, not the parent receiving support.

Parenting Arrangements Under The Divorce Act

The Divorce Act uses updated terminology focused on children’s best interests.

While the law used to refer to child “custody” and “access,” the legislation now uses terms such as:

Decision-making responsibility
Parenting time
Contact orders

When making parenting decisions, courts must consider the best interests of the child.

Factors may include:

The child’s needs and circumstances
The child’s relationship with each parent, family members, and any other person who plays an important role in the child’s lif
The history of care provided by each parent
The child’s views and preferences, where appropriate
The child’s cultural upbringing and heritage
Plans for the child’s care
The ability and willingness of each person applying for parenting time or decision-making responsibility to communicate and cooperate on matters affecting the child
Any family violence concerns

The Act encourages parents to focus on the best interests of their children throughout the separation and divorce process.

Spousal Support Under The Divorce Act

The Divorce Act also provides the legal framework for spousal support claims between married spouses.

Spousal support is not automatic. A spouse seeking spousal support must first establish their entitlement to support before the amount of support can be calculated. Courts consider various factors, including:

The length of the marriage
The roles each spouse played during the relationship
Financial need
The ability of one spouse to pay support
Economic disadvantages resulting from the marriage or its breakdown

The Spousal Support Advisory Guidelines are often used to help determine appropriate support ranges, although they are not legally binding.

Spousal support may be awarded for a limited period or indefinitely, depending on the circumstances.

What About Property Division?

While the Divorce Act addresses many aspects of divorce, property division is governed by provincial legislation, such as Ontario’s Family Law Act.

In Ontario, married spouses generally share the increase in value of their net family property accumulated during the marriage through a process known as equalization.

Property issues may involve:

Matrimonial homes
Investments
Bank accounts
Businesses
Pensions
Debts and liabilities

Because property division can significantly affect your financial future, obtaining legal advice early in the process is often beneficial.

The Divorce Process Under The Divorce Act

The divorce process will vary depending on whether spouses agree on the issues involved.

Where spouses cannot agree on how to resolve issues, it may be necessary in some cases to commence a court Application.

However, many divorces can be resolved without a trial through negotiation, mediation, or collaborative processes. Generally, the process includes:

Separation and identification of the family law issues that need to be addressed
Gathering and exchanging financial disclosure
Negotiating agreements or participating in mediation to resolve any disputed issues
Filing a divorce application with the court
Obtaining a divorce order from the court
Receiving a Certificate of Divorce after the order becomes final

Understanding The Divorce Act With Guidance From A Divorce Lawyer

The Divorce Act provides the legal framework for divorce in Canada, addressing important issues such as separation, parenting arrangements, child support, spousal support, and the divorce process itself. However, every family’s circumstances are different, and navigating divorce laws in Ontario can quickly become complicated when financial, parenting, or support issues arise.

Working with an experienced divorce lawyer can help you understand your rights, protect your interests, and pursue practical solutions that support your future.

Reach out to the team at Kelly Jordan Family Law, led by Lexpert Ranked Lawyer Kelly D. Jordan, a divorce lawyer, who can help you with your separation and divorce.

Contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation, so that we can provide the guidance and support you need.