Separation Lawyers in Ontario

Guiding You Through Separation

Divorce is not the only option available to you and your spouse when you decide to end your marriage or relationship. The both of you may also choose to solely separate and not divorce. This means that you may decide to end your relationship without applying to the court for approval or without seeking the services of a divorce lawyer (unless it is necessary).

You may choose to divide your assets and decide on custody/access and support issues in an informal agreement or through the services of a lawyer, mediator, or arbitrator who will aide in the drafting of a more formal and final separation agreement.

Our separation lawyers serve all of Ontario, including Unionville, Richmond Hill, Woodbridge, Maple, Kleinberg, and Thornhill. We also help clients in Aurora, Newmarket, King City, and other surrounding areas in the York Region.

Call (905) 581-7222 or contact us online to learn more about separation and your options.

What Does a Separation Agreement Cover?

A separation agreement may include specific arrangements related to:

• Child custody and access
• Child support
• Spousal support
• Division of property and assets

Why Choose Separation Instead of Divorce?

There are many reasons why a couple may choose separation over divorce, such as because of religious reasons or to maintain certain financial benefits.

Separation can also be used as a way to try out what life would be like without your spouse. On the other hand, separating to save your marriage is also common.

Does Separation Usually Lead to Divorce?

Yes, but that doesn't necessarily mean that a separated couple will get divorced.

Some couples use separation to reconnect. Sometimes, couples just need some space to realize how much they want to be with each other.

Can You Remarry if You Are Separated?

No, you cannot marry someone else while separated from your spouse.

When one of you decides that you would like to remarry, a formal divorce order must be obtained. Once that is done, it is possible that all other corollary issues will be left alone and deference will be given to the arrangements arrived at, at the time of separation.

What if We Were Never Officially Married?

For couples that have never entered into a legally valid marriage, there is no formal process that must be followed upon the termination of the relationship. All that is essentially required is that you separate. If your relationship was of a relatively short duration, you can simply move out and take any belongings that you owned or acquired during the relationship with you.

If, on the other hand, the relationship was of a longer duration during which time you purchased numerous assets together (i.e. houses, cars, etc.) and had children, you may want to seek the services of an Ontario separation lawyer, mediator, or arbitrator to help you draft a separation agreement dealing with all the corollary issues relating to separation.

Benefits of a Well-Crafted Separation Agreement

A well-crafted separation agreement can provide clarity and peace of mind during what can be a difficult and emotional time. Our experienced Ontario separation lawyers can assist you in creating a comprehensive and legally binding agreement that covers important aspects such as child custody, support payments, division of assets, and more.

Some of the benefits of a well-crafted separation agreement include:

• Clear guidelines for co-parenting and child support
• Protection of your financial interests and assets
• Minimization of potential future conflicts and legal disputes
• Flexibility to tailor the agreement to your unique situation
• Legal recognition and enforceability in court

At Feldstein Family Law Group P.C., we understand the importance of a carefully drafted separation agreement and are dedicated to helping our clients navigate the complexities of separation with confidence.

What Rights Does a Legally Separated Spouse Have?

In Ontario, a legal separation provides spouses with specific rights and obligations, even though they are not formally divorced. Understanding these rights is crucial for anyone considering or undergoing a separation.

A legally separated spouse retains the right to live in the matrimonial home unless a court orders otherwise. Both spouses have equal rights to stay in the home, regardless of whose name is on the deed or lease. This right remains until an agreement or court order decides otherwise.

Financial support is another critical aspect. A separated spouse may be entitled to spousal support, especially if there is a significant income disparity between the partners. The amount and duration of spousal support depend on various factors, including the length of the marriage, each spouse's financial situation, and contributions made during the relationship.

Child custody and support are also significant considerations. Both parents have rights and responsibilities regarding their children's care and upbringing. The best interests of the child are the primary focus in determining custody arrangements. Additionally, child support is calculated based on federal guidelines to ensure the child's needs are met.

Property division is another key area of concern. Ontario law mandates an equal division of the net family property acquired during the marriage. This includes assets like the family home, savings, and pensions. However, specific exclusions and adjustments may apply depending on individual circumstances.

Legal separation allows spouses to maintain certain rights and obligations without the finality of divorce. It's essential to seek legal advice to navigate these complexities and ensure your rights are protected during a separation in Ontario.

How to Separate From Spouse While Living Together

Separating from your spouse while still living together can be a challenging and delicate process. It's essential to establish clear boundaries and make the necessary legal arrangements to protect your rights and interests.

First, communication is key. Both parties should have a candid discussion about the new living arrangements, outlining how shared responsibilities will be divided, and setting ground rules for interaction. This might include decisions on financial obligations, parenting duties, and personal space.

Next, consider creating a separation agreement. A separation agreement is a legally binding document that outlines the terms of your separation, including property division, spousal support, child custody, and visitation rights. Even if you’re living under the same roof, this agreement can help avoid disputes and provide clarity on each party’s responsibilities.

It’s also advisable to maintain separate finances during this period. This means having individual bank accounts and credit cards to avoid commingling assets, which can complicate property division later on.

In terms of legal status, living together does not negate your separation. As long as there is a clear intention to live separate lives—meaning you no longer function as a couple—the separation can be recognized by the court. This is important for establishing the separation date, which can impact matters such as the division of assets and spousal support.

Serving Separating Spouses & Partners Across Ontario

Our Ontario family law firm serves those living in Toronto, Mississauga, Markham, Oakville, Vaughan, and the surrounding areas.

Contact Feldstein Family Law Group P.C. today at (905) 581-7222 or online.