Ontario Family Law Guide: Separation, Divorce and Support

Understand the questions that often arise when a relationship ends, from separation agreements to parenting and financial support. This Ontario guide provides a starting point for a conversation with a lawyer.

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What Is the Difference Between Separation and Divorce?

Separation means a relationship has ended and the spouses are living separate lives. Divorce is a court order that legally ends a marriage. Married spouses can separate without immediately applying for divorce; common-law partners do not need a divorce to end their relationship.

A separation agreement can address practical arrangements such as support, property and parenting. Getting divorced does not, by itself, settle every financial or parenting issue. Source: Legal Aid Ontario.

How Long Do I Have to Be Separated Before Divorce?

One year of separation is one way to establish marriage breakdown under the Divorce Act. Adultery or physical or mental cruelty can also be grounds. If you rely on separation, you may apply before the year is complete, but the divorce cannot be granted on that basis until the required period has passed.

There is generally also a requirement that one spouse has lived in the province where the application is made for the preceding year. Eligibility, paperwork and court processing are separate questions, so there is no single completion time for every divorce. Source: Justice Canada.

Do I Need a Separation Agreement?

A written agreement can record arrangements you and your former partner have reached. It may cover support, parenting and property, depending on your circumstances. Independent legal advice and financial disclosure help each person understand what they are agreeing to before signing. If you cannot agree, other dispute-resolution or court steps may be needed. Read Legal Aid Ontario’s separation guidance.

How Is Child Support Calculated?

Child support commonly starts with the applicable child support guidelines and tables, using income, the number of children and the relevant province. Parenting arrangements, special or extraordinary expenses and other circumstances can affect the calculation. A table amount alone may not answer every family’s question.

Bring recent tax returns, notices of assessment, income information and details of children’s expenses to your consultation. Source: Justice Canada’s child support fact sheet.

Are Parenting Time and Decision-Making Responsibility the Same?

No. Parenting time concerns time a child spends in a parent’s care. Decision-making responsibility concerns major decisions about the child’s well-being, such as education and health. Under the Divorce Act, parenting arrangements are based on the child’s best interests; there is no automatic presumption of an equal parenting schedule. Source: Justice Canada.

Do Common-Law Partners Divide Property Like Married Spouses?

No. Ontario’s automatic equalization rules for married spouses do not apply in the same way to common-law partners. Ownership, joint property, agreements and contributions can matter. A person may have a claim relating to contributions to property they do not own, so advice about the specific facts is important. Source: Ontario’s property-division guide.

Is Spousal Support Automatic?

No. Entitlement, amount and duration depend on the circumstances. Relevant considerations can include the relationship, the roles of the partners, their financial circumstances and the effects of the separation. Child support and spousal support are distinct issues. Source: Ontario’s support guidance.

What Should I Bring to a Family Law Consultation?

Prepare a short relationship timeline, any existing agreement or court order, relevant correspondence, financial information and a list of your priorities. Include any court dates or deadlines. Ask the firm how to provide documents securely.

Speak With Woodstone Law

Woodstone Law offers virtual consultations and in-person meetings by appointment. Request a free consultation or call 416-803-2196. Visit our family law page for service details.

General information, not advice for a particular case. Read our disclaimers. Sources checked September 8, 2026.