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.

"living separate and apart" is often confusing for separated couples. The phrase appears 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 live separately. The date of separation is when they live 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 take time to determine.

For financial reasons, sharing custody of children, or convenience, spouses, don't immediately leave when they end their relationship.

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 affect several issues, including divorce and property division.

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

A couple must be separated for one year to divorce in Alberta. The one-year period counts from the date of separation.

Reconciling after separation

Even when all hope seems lost, some couples 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 separation date will be re-established by the most recent separation if the reconciliation lasts over three months.