According to Ontario family law, a couple becomes legally separated as soon as they are living “separate and apart.” Living “separate and apart” mean can mean:

• Each person lives in their own residence, OR
• Both people live in the same house but are living separate lives (e.g., not sharing finances, meals etc.)

Trial separation vs. permanent separation

A trial separation refers to a couple remaining married (or common law) but living separate and apart, but with the intention of possibly getting back together. A separation becomes “permanent” when at least one spouse has clearly decided that getting back together is not an option.

It is still recommended that couples in a trial separation create a Separation Agreement.

Get help

When you are separating, a criminal record will affect child custody and adoption. To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

								
You now have 3 options:
								

									
More answers about Family Law
									
Master List: 2,500 Legal Answers
																													
																		
Government Links