Family Law in Ontario: Separation, Divorce & Custody

Separation vs. Divorce

Separation occurs when spouses decide to live apart with no intention of resuming cohabitation. There is no formal legal process — you are separated the moment you stop living together as a couple. A Separation Agreement is a private contract that documents your arrangements.

Divorce is a court order dissolving a marriage. In Ontario, you must be separated for at least one year before applying for divorce (unless there is adultery or physical/mental cruelty involved).

Separation Agreements

A separation agreement can cover:

• Parenting time and decision-making responsibility (custody)
• Child support amounts
• Spousal support
• Division of property and debts

Both parties should have independent legal advice before signing. Agreements signed without legal advice can sometimes be set aside by a court.

Child Custody & Parenting

Since 2021, Ontario law uses the term "decision-making responsibility" instead of custody, and "parenting time" instead of access. Courts prioritize thebest interests of the child. Factors include:

• Each parent's ability to meet the child's needs
• Stability of home environment
• The child's existing relationship with each parent
• History of family violence
• The child's own views (especially for older children)

Child Support

Child support in Ontario is calculated using the Federal Child Support Guidelines, based on the paying parent's gross annual income and the number of children. Use the "Look-Up Tables" on the federal government website to estimate amounts. Child support cannot be waived by agreement — it belongs to the child.

Spousal Support

Spousal support is not automatic. Courts consider the length of the relationship, the roles each spouse played, economic advantages and disadvantages, and need. The Spousal Support Advisory Guidelines (SSAG) provide a framework for amounts and duration.

Property Division

Married spouses in Ontario are entitled to equalization of net family property — each spouse shares equally in the increase in net worth during the marriage. Common-law partners do nothave this automatic right but may have claims under unjust enrichment or constructive trust doctrines.

The Family Court Process