The Difference between Separation and Divorce TOP Spouses who have separated are still legally married, even if there is a court order of separation.
Federal law applies to spouses who are seeking a divorce, and is the same throughout Canada.
When a court grants a divorce, the marriage is ended. The Divorce Act sets out how a divorce can be obtained. It also deals with matters related to divorce, such as parenting arrangements and financial support. The Divorce Act provisions on parenting arrangements and support are very similar to the provincial laws in these matters. A court order or formal separation agreement is not required for spouses to separate they may simply live separate and apart.