Separation vs. Divorce: What’s the Difference?

Separation and divorce, while part of the same overarching legal process, are also distinct; understanding these distinctions is crucial. Jones Divorce & Family Law’s experienced Calgary lawyers are here to guide you through both, offering personalized legal solutions for property division, support agreements, and parenting arrangements.

Whether you need help drafting a Separation Agreement or navigating the formal divorce process, or both, our team is here to provide compassionate and knowledgeable support to protect your best interests.

The Divorce Timeline

When faced with the breakdown of a relationship, the first step, regardless of pursuing a formal divorce or not, will be separation. During the period of separation, parties may enter into a separation agreement to clarify their ongoing rights and obligations. A separation agreement will also often serve to finalize the key issues that stem from a relationship breakdown: property, parenting and support. Once a separation agreement is executed, and the parties have been separated for one year, the final step would be to file for divorce.

How does separation work?

In order to be considered separated, the parties must be living separate and apart with the intention of living apart and not continuing the relationship. There are circumstances where separation can occur while the parties are living under the same roof. The key to a separation within the same home will be the intention of the parties and how their lives function while still living in the same space.

Stopping at separation may be preferable to filing for divorce for some people. This may be a temporary solution prior to filing for divorce, or it may be a preferable long term solution for some people. Reconciliation is always an option so there may be circumstances where the parties want to hold off on filing for divorce.

While separated, the parties will continue to have certain rights and obligations from the relationship that will continue to accrue. For example, division of property in Alberta is determined at date of trial rather than date of separation. What this means is that without a Separation Agreement, Divorce Judgment or other Court Order determining property, yourself or the other party may continue to have rights to the Family Property as it continues to accrue. Consult one of our lawyers to understand your rights and obligations following the relationship and during the period of separation.

Considering divorce over separation

Filing for divorce and finalizing support and property issues between the parties can provide the finality that many people are seeking upon the breakdown of the relationship. It can provide peace of mind knowing that the matter is settled and that any continuing obligations are set out in a Separation Agreement and/or a Divorce Judgment.

Additionally, a divorce is necessary if you plan on remarrying, as you cannot legally remarry while still married. Divorce also severs ties for certain aspects of the relationship, eliminating mutual decision-making for things such as medical or financial matters.

The most common ground for filing for divorce in Alberta is separating for at least one year. As family and divorce lawyers in Calgary, our role in separation and divorce is to assist clients with understanding their options with respect to the following:

• Spousal rights;
• Parental rights;
• Guardianship;
• Property division; and
• Settling disputes, etc.

Getting the Help & Guidance from Experienced Calgary Divorce Lawyers

While you and your partner can negotiate terms on your own, working with experienced Calgary divorce lawyers ensures your Separation Agreement is legally binding and fair. At Jones Divorce & Family Law, we provide independent legal advice, draft enforceable agreements, and advocate for your best interests throughout the separation or divorce process.
Our lawyers can help you draft a Separation Agreement. We will ensure that it is legally binding and includes all relevant clauses, and we will advocate for fairness on your behalf.

Connect with us to set up an initial consultation today.

Disclaimer: The content provided in the blog posts of Jones Divorce & Family Law is general information and should not be considered legal advice. Please contact a lawyer for legal advice tailored to your specific situation. All articles are current as of their original publication date.