Separation, Divorce and the Agreements Between

Why The Date of Separation Matters

Parting with someone you love with all your heart is agonizing. There is strength in letting go and wisdom in knowing when the separation began.

The date a couple separates plays a major part in the divorce process. Spouses may end their relationship but still, live and act like a unit.

The term “living separate and apart” is often confusing for separated couples. The phrase appears a lot in The Family Law Act, Divorce Act, and Matrimonial Property Act.

In Alberta, there is no legal process for separation. When a couple ends their relationship and stops cohabiting, they are living separately and apart. The date of separation is when they begin living apart in different living quarters.

Unsure of Your Separation date? Here's A Way Out

Since there is no formal process when separating, like a signed separation agreement. The exact separation date can be hard to determine.

Also, spouses don't immediately leave when they decide to end their relationship. This is often done for financial reasons, sharing custody of children, or convenience.

The date of separation is very important in divorce proceedings. When a couple breaks up and still lives together, the court has to decide the separation date.

In such a situation, the court uses other factors to determine the date of separation. The court will look for evidence of when the couple intended to split.

There are two significant ways to determine the date of separation

(1) The date a spouse hires an attorney

(2) A spouse communicates the intent to end the marriage and

(3) Acts to objectify their intent by filing for a divorce.

Why It Matters

The date of separation can impact several issues, including divorce and property division.

The date of separation in divorce cases may result in unwanted financial consequences. It determines when the couple can apply to dissolve their marriage or civil union.

The couple needs to be separated for one year to get a divorce in Alberta. The one-year period starts counting from the date of separation.

Reconciling after separation

Even when all hope seems lost, some couples find a way to reconcile, albeit for only a short period.

The couple may reconcile for three months or less and separate again. When this happens, section 50 of the Family law act states the couple can total the two separation period.

When a couple resumes their marital relationship, their separation ends. The date of separation will be re-established by the most recent separation. This is if the reconciliation lasts more than three months.