The Importance of Separation Dates

April 1st 2026

Brittney Menzel

It may be surprising to find out that parties do not have to agree that they are separating for separation to occur. In other words, if you decide to separate from your spouse, you do not need their permission.

In order to establish that a separation has occurred, one spouse must communicate their intention to separate to the other spouse and then act on that intention. For example, telling your spouse that the relationship is over and then performing actions that make that intention clear, such as moving into a separate bedroom, no longer sharing meals together or removing engagement or wedding rings. If possible, clearly inform the other spouse of your intention to separate in writing. A text message or email can help establish a paper trail in the event the separation date is at issue in future.

It is important to note that spouses may be separated while continuing to live together. Contrary to popular belief, one spouse does not need to move out of the family residence for separation to occur.

Establishing a clear separation date is incredibly important, especially for spouses that are not married and are instead in a marriage-like relationship. Pursuant to section 198 of the Family Law Act, spouses who were living in a marriage-like relationship may start a proceeding for an order related to property division, pension division or spousal support, no later than 2 years after the date the spouses separated.

Consequently, if a claim is not commenced during this period, your ability to make a claim against the other spouse for property division, pension division and spousal support may be extinguished.

Determining the separation date can be further complicated by the fact that the Family Law Act stipulates that for the purposes of determining family property and family debt,  spouses are not considered separated if, within one year after separation the spouses begin to live together again and the primary purpose of doing so is to reconcile and they continue to live together for one or more periods, totaling at least 90 days.

If you are considering separating from your spouse, please seek legal advice to ensure that your separation date is clearly established to help minimize possible issues going forward. 

Nothing contained herein this post constitutes legal advice. We are not your lawyers, but we could be. Join our waitlist to be contacted for a legal consultation. We endeavour to reply within 24-48 hours.