Separation & Divorce Lawyer

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Legal Separations in Ontario

Whether you and your partner are married or common-law, separation involves the decision to live “separate and apart” from one another. This does not necessarily mean that you physically live in different places. Especially with the cost of living, it is often the case that the parties will remain in the matrimonial home, but stay in separate rooms and no longer share intimacy or finances.

Separation also does not mean that your marriage is legally over, but it is the starting point.

A separation agreement is a contract that sets out each person’s responsibilities upon separating. Like all contracts, it is critical that each party understands the agreement, that it is fair, and that the agreement was based on an honest accounting of finances.

If there are children under 18 in the picture, they will also be a focus of the agreement. Decisions will need to be made regarding the children’s health and education, custody, parenting time, child support payments, and any other costs associated with child care.

Even decisions regarding family pets will require some of the same considerations as the children.

Another key component of a separation agreement is property: what is going to happen with matrimonial home, as well as any other residences such as a cottage or vacation home? What about things like furniture, art, or other favourite possessions?

Finances are also a major aspect of the separation agreement. For example, there are usually shared debts (credit card and line of credit balances), or assets (bank accounts or other investment accounts such as stocks and RSPs), pensions and life insurance policies.

Choosing the right lawyer early in your separation or divorce is key to protecting your future and your family.

At Michael Coristine Law, we offer experienced, compassionate, and strategic legal representation to guide you through this challenging time.

Led by former senior Crown Attorney Michael Coristine, our team works tirelessly to help you achieve the best possible outcome while minimizing conflict.

Key Facts About Separation & Divorce

Separation Agreements Matter – A well-drafted agreement can resolve custody and financial issues without court battles.
Property Division Follows Equalization – Ontario law ensures fair asset distribution, but complexities may apply.
Spousal Support May Apply – If one partner is financially dependent, support payments may be negotiated or court-ordered.
Child Custody & Support Focus on the Child – Parenting time and financial responsibilities are determined based on the child's best interests.
Timelines & Residency Rules Apply – You must be separated for at least one year before filing for divorce, and one spouse must have lived in Ontario for 12 months.

Understanding Separation in Ontario

A separation agreement helps settle:

Division of assets & debts
Spousal & child support
Parenting arrangements
Business & property interests

Separation does not legally end a marriage but sets the stage for divorce.

Types of Divorce

Uncontested Divorce (Simpler, faster, and more affordable)

Simple Divorce – One spouse files, the other does not contest.
Joint Divorce – Both spouses file together.
Timeline: 4 to 6 months*
Cost: $2,000 – $5,000+*

Contested Divorce (For disputes over assets, support, or custody)

Common Issues: Business interests, real estate, pensions, child custody.
Timeline: 1 to 3+ years*
Cost: $10,000 – $100,000+*

*Estimated timelines & costs vary by case.

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Every case is unique, and speaking to a lawyer is necessary to understand your rights and obligations.