Separated and divorced are not the same thing.
In Ontario you're separated the moment you live apart — no paperwork needed. Divorce is a separate court order. And how property is split depends a lot on whether you were married. Here's the plain version.
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In 30 seconds, here's what's true
- You are 'separated' as soon as you start living separate and apart — even under the same roof. You don't file anything to be separated. A divorce is a separate court order that ends the marriage.
- Most divorces are 'no-fault' — based on living apart for one year. You don't have to prove someone did something wrong, and you usually don't attend court for an uncontested divorce.
- Married couples don't literally split everything 50/50. Ontario uses 'equalization' — the spouse whose net worth grew more during the marriage pays the other half the difference.
- The matrimonial home is shared regardless of whose name is on it — even if one spouse owned it before the marriage. That's a common and costly surprise.
- Common-law partners do not have an automatic right to equalization or to the home. They may still have other claims, like spousal support or unjust enrichment.
How the process works
Confirm your separation date
Your separation date is when you started living separate and apart. It matters — it's usually the valuation date for dividing property, and it starts the one-year clock for a no-fault divorce.
Sort out the big issues
Parenting, support, and property are decided separately from the divorce itself. Many couples settle these in a separation agreement — ideally with independent legal advice for each person.
Understand how property is divided
If you were married, calculate each person's net family property and equalize the difference. Remember the matrimonial home is shared, and gifts or inheritances kept separate may be excluded.
Apply for the divorce
For a simple or joint divorce, file Form 8A at the Superior Court. Court fees total about $679, paid in stages. The divorce is final 31 days after the order is granted.
Get advice and free help
Family Law Information Centres, Legal Aid Ontario, and court-connected mediation can help. Start a free PLAIN session to understand your situation before you file.
What to do next
- Write down your separation date.
- Note whether you were legally married or common-law.
- List property and debts at marriage and at separation.
- Flag the matrimonial home — it's shared regardless of title.
- Consider a separation agreement with independent legal advice.
- For divorce, prepare Form 8A and your marriage certificate.
- Budget about $679 in court fees (waivers exist for low income).
- Start a free PLAIN session to map your next steps.
Common myths
| Myth | Reality |
|---|---|
| Common-law partners split everything 50/50 like married couples. | No. Common-law partners have no automatic right to equalization or to the home, no matter how long they were together. |
| Whoever's name is on the house keeps it. | For married couples, the matrimonial home is shared regardless of whose name is on title. |
| You have to prove fault to get divorced. | Most divorces are no-fault, based on one year of living apart. No blame required. |
| We have to go to court to get divorced. | An uncontested divorce is decided on the paperwork — usually with no court appearance. |
| Everything married couples own is split 50/50. | It's equalization of the growth in net worth during the marriage, not a literal 50/50 of every asset. |
| Spousal support is automatic. | Entitlement has to be established first. The Spousal Support Advisory Guidelines are advisory, not mandatory. |
| If we lived together 3 years, we're automatically married. | Common-law status is not marriage and doesn't give you a married couple's property rights. |
| My inheritance is always protected from division. | Only if you keep it separate. Putting it into the matrimonial home can erase that protection. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with a licensed professional.
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