By Jatinder Kumar Kataria, Barrister & Solicitor · Last reviewed October 2026 · 5 min read
Separation raises practical questions quickly: where everyone will live, who pays what, and how property is divided. These are the basics in Ontario.
Divorce
The most common ground for divorce is living separate and apart for at least one year. You can live together for up to 90 days to try to reconcile without restarting the clock. You do not need to be divorced to sign a separation agreement.
Dividing property (married spouses)
Married spouses generally share the increase in their net worth during the marriage, called equalization of net family property. A claim must usually be started by the earliest of:
- 2 years after a divorce,
- 6 years after separation with no reasonable prospect of reconciling, or
- 6 months after the first spouse dies.
Common-law partners do not have the same automatic property rights. Their claims depend on the facts.
Child support
Child support is usually set by the Child Support Guidelines, based on the paying parent's income and the number of children. Special expenses, such as child care, can be shared on top.
Update your will and powers of attorney
If you are separated from a married spouse when you die, gifts to them in your will are generally treated as if they had died first. Do not rely on this; update your documents.
First steps
- Write down the date you separated.
- Gather financial records: tax returns, pay stubs, bank, pension and debt statements.
- Keep communication with your former partner civil and in writing where possible.
- Get advice before signing anything.
Sources
- Divorce Act, s. 8
- Family Law Act, R.S.O. 1990, c. F.3, s. 7
- Federal Child Support Guidelines
- Succession Law Reform Act, s. 17
This guide is general information about the law in Ontario and Canada as of October 2026. It is not legal advice and does not create a lawyer-client relationship. Your situation may differ; please get advice before acting.