This question is often posed: “We aren’t living together anymore; are we legally separated?” Well, there is no such thing as being illegally separated! “Living separate and apart” does have certain legal connotations in Canadian law. Interestingly, it is possible, and legally recognized, in certain cases, to be “living separate and apart” under the same roof. It is especially crucial for married spouses to establish the date of separation for at least two important reasons: firstly, the reason for divorce most often relied upon is that the spouses have lived separate and apart for at least one year.
Secondly, the date of separation is also referred to as the “valuation date” necessary to establish as the focal point for property division. While the rights of separating common law spouses are not the same regarding property, division of property is still very much a live issue to resolve, and the date of separation is very relevant and important to determine.
Blog
- The Timeline and Process for Divorce in Ottawa/Kanata: How Long Does it Really Take?
- Navigating Divorce Mediation: Tips for Success in Ottawa / Kanata
- What is a Separation Agreement?
- Is the “Termination Clause” in my employment contract binding?
- Family Mediation: An Alternative Approach to Resolving Family Disputes
- The Best Way to Come Up With a Marriage Contract or Cohabitation Agreement
- What is “Constructive Dismissal”?
- What does being fired for “Cause” mean?
- Have You Been Terminated?
- Do I need a Living Will
- What is a Will?
- Types of Personal Injury
- What Is A Personal Injury Lawyer?
- Legally Separated?
- Is Getting Laid Off Like Being Fired?