Who Counts as a Spouse?
If you're legally married, you're a spouse—simple. But in Ontario and BC, common-law partners can also be considered spouses under family law.
- In Ontario, you’re a common-law spouse if you’ve lived together in a conjugal relationship for at least three years or have a child together in a long-term relationship.
- In BC, it’s only two years of living in a marriage-like relationship or having a child together—giving common-law spouses more legal rights than in Ontario, especially when it comes to property division.
Separation vs. Divorce—What’s the Difference?
- Separation is just the decision to end a relationship—no paperwork needed. If you and your partner decide it’s over, you’re legally separated.
- Divorce is only for married couples and requires a court order. You usually need to live separate and apart for a year before filing, though adultery or cruelty can speed things up (but most lawyers don’t recommend going that route).
What You Need to Know About Divorce
- There’s no such thing as a “legal separation” document—separation is based on intent, not paperwork.
- To get divorced, one spouse must have lived in the province for at least a year before filing.
- If both spouses agree on everything, an uncontested divorce is the easiest and cheapest option—often handled without court appearances.
- Divorce doesn’t happen automatically—you have to apply for it, even if you’ve been separated for years.