Comparison Guide
Separation Agreement vs Divorce in Ontario
Separation, a separation agreement, and divorce are different things. A separation agreement sets out practical terms. Divorce legally ends the marriage.
Quick answer
Understand the difference between separation, a separation agreement, and divorce in Ontario.
Separation
Separation happens when at least one spouse decides the relationship is over. You do not need a court order to be separated.
Separation agreement
A separation agreement is a written contract that covers support, parenting, property, debts, disclosure, and other terms after separation.
Divorce
Divorce is the court process that legally ends a marriage. Many people complete a separation agreement before applying for divorce.
Why the agreement often comes first
The agreement can solve the practical issues immediately: where children live, how support is paid, who keeps property, and what happens to debts.
Common questions
Can I have a separation agreement without divorce?
Yes. Many people have a separation agreement long before divorce, and some never apply for divorce unless they plan to remarry.
Does divorce decide property and support automatically?
No. Divorce legally ends the marriage. Property, parenting, and support still need to be resolved by agreement or court order.
Can common-law partners divorce?
No. Divorce applies to married spouses. Common-law partners can still use a separation agreement to deal with support, parenting, property, and debts.
Build your Ontario separation agreement online
Estimate support, organize parenting and property terms, and export a formatted agreement for review.