What Does Separated Mean in a Relationship?
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If you are changing your relationship or marital status, you might have questions about what it means to be “separated.” In family law, being separated is more than just taking a casual break—it carries specific legal implications and responsibilities. Understanding these nuances is important, as separation differs significantly from other marital statuses such as married, divorced, or common-law.
What Does “Separated” Actually Mean?
Being separated means that spouses have decided to live apart because their relationship has broken down, though it doesn’t necessarily mean they have obtained a divorce. According to Canadian law, separation begins when at least one spouse expresses the intention to end the marital relationship, and their subsequent actions clearly demonstrate this intention. Notably, physical separation is not always required—couples may be considered separated even while living under the same roof if their actions indicate a breakdown of marital consortium.
Understanding “Separate and Apart”
To be legally separated, there must be both a physical separation and an intention to end the marriage. This separation includes the withdrawal from marital obligations such as companionship, affection, comfort, and mutual services. The absence of just one of these elements typically does not indicate separation; rather, it is the complete breakdown of the marital relationship that matters most.
Key Differences from Other Relationship Statuses
Separated vs. Married: Unlike married couples, separated individuals no longer live together intending to maintain their marriage. Separation starts when there is a clear decision to part ways, which could even occur under the same roof for economic or practical reasons.
Separated vs. Divorced: Separation typically precedes divorce but does not legally end the marriage itself. Divorce is the formal legal dissolution of a marriage and generally requires couples in Canada to have been separated for at least one year, except under specific circumstances such as adultery or cruelty.
Separated vs. Common-Law: Common-law partners can separate by simply ending their cohabitation and discontinuing their conjugal relationship. Married couples, however, must clearly demonstrate their intent to separate, including evidence such as separate finances, sleeping arrangements, or reduced social interactions.
Special Considerations and Nuances
Separation Under the Same Roof: Spouses may still live in the same home but be legally separated if they live independently like roommates, significantly limit interactions, or clearly communicate the intent to separate. Courts consider factors such as separate bedrooms, limited social interactions, and the absence of sexual relations when evaluating separation under one roof.
Interruption and Reconciliation: Canadian law allows couples to attempt reconciliation without restarting the one-year separation clock, provided the periods of attempted reconciliation do not total more than 90 days. Occasional sexual relations or brief reconciliations also do not necessarily interrupt the period of legal separation.
Long-term Hospitalization or Incapacity: Admission of one spouse to a hospital or similar institution alone does not indicate separation. However, unilateral rejection of marital obligations by the healthier spouse or clear cessation of regular visits could establish separation.
Practical Steps if You’re Separated
If you find yourself separated or considering separation, it’s crucial to document your circumstances thoroughly. Seeking legal advice early can guide you through complicated issues, protect your interests, and ensure clarity in establishing the date and conditions of your separation.
At our Ottawa-based family law practice, we understand the emotional and practical complexities of separation. We are committed to supporting you with clarity, empathy, and comprehensive legal assistance throughout your journey.
