The specific date of separation is important for two reasons; in determining the date on which property is valued for property division purposes, as well as setting the start date for the timeline to proceed with a divorce. The separation date is determined on a case-by-case basis and is often the date upon which one spouse leaves the home, or the date upon which one or both parties decide they are separated with no possibility of reconciliation.
It is possible to be separated yet residing in the same home. This is commonly referred to as “living separate and apart under the same roof”. There is no process to apply for a “legal separation” in Ontario, but it is important to establish the date upon which the parties have separated for the above noted reasons. Separations are documented by a Separation Agreement, or a Court Order.