Ending a relationship is one of life’s biggest challenges. Beyond the emotional toll, there are practical aspects to sort out, especially when it comes to legal matters. At Main Street Law, one common question we hear is, “What’s the difference between separation and divorce in Alberta?”
Although people often use these terms interchangeably, they mean very different things in a legal context. If you’re thinking about ending your relationship, understanding the distinction is key to knowing your rights and responsibilities.
What Does it Mean to Be Separated?
Separation occurs when you and your partner decide to end your relationship and stop living as a couple. Importantly, you don’t need to file paperwork or go to court to be considered separated in Alberta. You’re legally separated as soon as you meet one of the following conditions:
- You no longer live together.
- You still live in the same household but no longer function as a couple (e.g., sleeping in separate rooms, handling finances independently, and no longer sharing meals or activities as partners).
This applies to both married spouses and common-law partners.
Key Point
Separation does not equal divorce. You can remain separated for years and still be legally married.
What is Divorce?
Divorce, on the other hand, is a formal legal process that ends a marriage. This requires filing documents in court and obtaining a divorce judgment.
To be granted a divorce in Alberta, you must demonstrate that your marriage has broken down. There are three primary grounds for this under the Divorce Act:
- One Year of Separation
No-fault divorces are the most common in Alberta. Typically, couples must be separated for at least one continuous year.
- Adultery
Infidelity can be grounds for a fault-based divorce.
- Mental or Physical Cruelty
This includes abuse that makes it intolerable to continue the relationship.
Once your divorce is finalized, you are no longer legally married. This allows you to remarry if you wish.
Why People Stay Separated Without Getting Divorced
There are many reasons people choose separation without filing for divorce, including:
- Financial or Emotional Readiness
Some individuals need time to process the emotional and financial implications of divorce.
- Religious or Cultural Beliefs
Divorce may conflict with someone’s personal or religious values.
- Immigration Concerns
Staying married might benefit a spouse’s immigration status.
Remaining separated without divorcing is perfectly legal. However, separation doesn’t automatically resolve important issues such as asset division, parenting responsibilities, or financial support. This is where a separation agreement comes in.
What’s a Separation Agreement?
A separation agreement is a legal document that outlines how you and your former partner plan to handle major aspects of your separation. This may include decisions about:
- Living Arrangements
Who stays in the family home?
- Parenting
Time spent with children, decision-making responsibilities, and vacation schedules.
- Child and Spousal Support
Financial obligations to support the children or partner.
- Division of Property and Debt
Splitting assets (like homes or savings) and debts.
Why It’s Important
Even if your separation is amicable, having a lawyer draft or review your agreement ensures it’s enforceable and protects your rights in the long term.
Property Division During Separation and Divorce
Whether separated or divorced, the division of property follows Alberta’s Family Property Act. This legislation applies to married couples and Adult Interdependent Partners (common-law couples). It generally requires a fair division of assets and debts acquired during the relationship.
Timing Matters
The date of separation is typically used as the “cut-off” for determining how property is divided. Even if you stay separated for years, that date becomes key in determining who gets what.
Parenting and Child Support
Separation and divorce don’t change your parenting rights or obligations. Alberta law prioritizes the best interests of the child regardless of the parents’ marital status.
During separation, you and your ex-partner can create a parenting plan that outlines arrangements such as:
- Where the children will live.
- How decisions about health, education, and activities will be made.
- A holiday and vacation schedule.
- Agreements regarding child support payments.
These agreements can be formalized and submitted to the court for added protection, ensuring everyone’s responsibilities are clear.
When to Move From Separation to Divorce
There’s no universal timeline for transitioning from separation to divorce. However, the following signs might indicate it’s time to take that next step:
- You’ve been separated for over a year and want legal closure.
- You want the ability to remarry.
- You’ve already sorted out key issues (parenting, property, support) and want a final order.
- You’re ready to emotionally move forward.
Tip: You don’t need to resolve every issue before filing for divorce. You can file while continuing to negotiate or litigate terms.
Common Myths About Separation and Divorce in Alberta
Myth 1: “We live in the same house, so we’re not separated.”
Truth: You can be separated while living under the same roof, provided you’re no longer functioning as a couple.
Myth 2: “Separation requires going to court.”
Truth: Most separations and divorces are resolved through agreements or mediation, not courtroom battles.
Myth 3: “We’ve been separated for years, so we’re divorced.”
Truth: You remain legally married until a divorce court order is granted, no matter how long you’ve been apart.
How Main Street Law Can Help
Navigating separation and divorce can feel overwhelming, but you don’t have to face it alone. At Main Street Law, we provide clear, compassionate legal advice tailored to your situation. Our family law services include assistance with:
- Drafting and reviewing separation agreements.
- Parenting plans and child support arrangements.
- Spousal support calculations.
- Division of property and debt.
- Divorce applications and court representation as needed.
We’re proud to serve clients across Spruce Grove, Edmonton, Drayton Valley, and surrounding communities.
Take the Next Step with Confidence
Whether you’re just starting the separation process or ready to finalize your divorce, Main Street Law is here to guide you. Contact us today at 780-960-8100 or visit mainstreetlaw.ca to book a consultation. Together, we’ll help you move forward with clarity, confidence, and support.
