Do I need a separation agreement before filing for divorce in Ontario?

No, a separation agreement is not required before filing for divorce in Ontario. However, it is strongly recommended because it provides a legally binding record of your property division, support arrangements, and parenting plan. Without one, disputes can arise later that are difficult and expensive to resolve.

What is the difference between being separated and being divorced in Ontario?

Being separated means you and your spouse have ended your marriage relationship but are still legally married. Being divorced means a court has officially ended your marriage. While separated, you cannot remarry and may still have certain financial obligations. After divorce, you are free to remarry and the legal ties of marriage are severed.

Separation Agreement vs Divorce in Ontario: What You Need to Know

2024-11-10·Easy Path Divorce

Many Ontario residents confuse separation agreements with divorce, or think they need one before getting the other. Understanding the difference helps you make informed decisions about your situation.

What Is a Separation Agreement?

A separation agreement is a private legal contract between spouses that outlines the terms of their separation. It covers:

Division of property and debts
Spousal support (alimony)
Child custody and parenting arrangements
Child support payments
Division of pensions and RRSPs
Who stays in the family home

A separation agreement is not filed with the court — it is a binding contract between you and your spouse, signed with witnesses.

What Is a Divorce?

A divorce is a legal court order that officially ends your marriage. It is the only way to legally terminate a marriage in Canada. After your divorce is granted, you are free to remarry.

A divorce does not automatically address property division, support, or custody — it simply ends the marriage. That is why a separation agreement is so important.

Key Differences

Factor	Separation Agreement	Divorce
What it does	Sets terms of separation	Legally ends marriage
Required by court?	No	N/A — it IS a court order
Allows remarriage?	No	Yes
Waiting period	None	1-year separation
Covers property/support	Yes	Not automatically
Cost with Easy Path	$899	$399-$599 + $669 court

Do I Need Both?

Recommended: Yes. While a separation agreement is not required to get a divorce, having both provides the strongest legal protection:

The separation agreement settles all financial and parenting matters
The divorce legally ends the marriage so you can move forward

Can I Get a Separation Agreement Without Getting Divorced?

Absolutely. Many couples get a separation agreement and never formally divorce. This is common when:

Neither spouse plans to remarry
Religious or personal reasons prevent formal divorce
You want to settle things now but divorce later

However, you remain legally married until a divorce is granted, which means you cannot remarry and may have ongoing financial obligations.

Can I Get Divorced Without a Separation Agreement?

Yes, the court does not require a separation agreement to grant a divorce. However, this means your property division and support arrangements may be informal and unenforceable. If your spouse later disputes the terms, you will have no written proof of what was agreed upon.

Our Recommendation

For most Ontario couples, we recommend getting a separation agreement first, then filing for divorce. Easy Path Divorce can handle both — our Separation Agreement service ($899) and Complete Divorce service ($599) work together to provide comprehensive protection.

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