Family Law in Canada: Separation, Divorce, Parenting and Support

When a relationship ends in Canada, four issues usually need to be settled: parenting arrangements for any children, child support, spousal support and the division of property and debts. Married couples also need a divorce to end the marriage legally. Most separating couples resolve these issues by agreement, often with help from lawyers or a mediator, and only a minority have a judge decide them.

The rules depend on two things: whether the couple was married or living common-law, and which province or territory they live in. A common-law partner in British Columbia, for example, has very different property rights from a common-law partner in Ontario. This guide explains how the system works across Canada and flags where provincial differences matter most.

The short version

• Separation does not require a court filing. A couple is separated once they live separate lives, even under the same roof.
• Married spouses can apply for a divorce after living separate and apart for one year. Common-law partners do not need a divorce.
• Decisions about children are based only on the best interests of the child.
• Child support is calculated using guideline tables based on the paying parent's income and the number of children.
• Spousal support is not automatic. It depends on the relationship, each person's finances and any agreement between them.
• Married spouses share property under provincial law. Common-law partners' property rights vary widely by province.
• Strict deadlines apply to some property and support claims, so getting advice early matters.

Who Makes the Rules: Federal and Provincial Family Law

Family law in Canada is split between two levels of government. Which law applies depends mainly on whether the couple was married.

Married versus common-law

Married spouses have the same basic rights to share family property everywhere in Canada, although the formula differs by province. Common-law partners are treated very differently depending on where they live. Some provinces apply the same property rules to common-law partners after a set period of living together. Others, including Ontario and most of Atlantic Canada, give common-law partners no automatic share of property at all.

Quebec is a special case. Its civil law does not give de facto (common-law) spouses property or support rights in most situations. Since June 30, 2025, however, a new parental union regime automatically applies to de facto spouses who have a child together on or after that date, creating a shared parental union patrimony that is divided on separation.

What the Divorce Act changed in 2021

On March 1, 2021, the Divorce Act replaced the terms "custody" and "access" with decision-making responsibility and parenting time. Most provinces have since adopted similar language. Older orders still use the old terms, but they are read under the new ones.

First Steps After Separation

There is no form to file to become separated. Spouses are separated when at least one of them decides the relationship is over and they begin living separate lives. Couples can be separated while still living in the same home, for example by sleeping in separate rooms, keeping finances apart and no longer acting as a couple.

Practical steps in the first weeks

1. Write down the date of separation. It matters for divorce eligibility, property valuation and support. Keep a note of what happened on that date.
2. Gather financial records. Collect tax returns, notices of assessment, pay stubs, bank and investment statements, pension statements, mortgage documents and debt statements for both partners, if available.
3. Protect important documents. Keep copies of identification, marriage certificate, children's documents and property records somewhere safe.
4. Agree on short-term arrangements. Where possible, agree in writing on where the children will live, who pays which bills and who stays in the home while longer-term issues are worked out.
5. Be careful with joint accounts and credit. Large withdrawals or new debts can cause disputes later. Consider asking the bank about joint accounts and lines of credit.
6. Get legal advice before signing anything. Agreements about property, support or parenting can be hard to undo, especially if they were signed without independent legal advice.
7. Update beneficiaries and wills. Separation does not automatically change the beneficiary of a life insurance policy, pension or RRSP in every province. Speak with a lawyer about what changes are possible.

Safety comes first

If there is family violence, safety takes priority over everything else. Call 911 in an emergency. Courts can make emergency orders, including orders about who stays in the home and restrictions on contact. Legal aid offices across Canada generally prioritize clients facing family violence.

For a fuller checklist, see the guide to separation in Canada and what to do first.

Getting a Divorce in Canada

Only married couples need a divorce. Divorce is granted under the federal Divorce Act by a provincial superior court, and at least one spouse must have lived in the province for at least one year before applying.

Grounds for divorce

The only legal ground for divorce is breakdown of the marriage, which can be shown in one of three ways:

• Separation for at least one year. This is by far the most common route. The application can be filed before the year is up, but the divorce will not be granted until a full year has passed.
• Adultery by the other spouse.
• Physical or mental cruelty that makes living together intolerable.

Adultery and cruelty must be proven, which usually adds cost and conflict. Most couples simply wait for the one-year mark. Spouses can try to reconcile for up to 90 days in total without restarting the one-year clock.

Joint, simple and contested divorces

In practice, the divorce itself is rarely disputed. The conflict is usually about the children, support or property, which can be resolved before or alongside the divorce. A court will not grant a divorce unless reasonable arrangements have been made for the support of any children.

Timing and cost

Once a judge signs the divorce order, it generally takes effect 31 days later, unless there is an appeal. Neither spouse can remarry until the divorce takes effect. Court fees vary by province, and most provinces offer fee waivers for people with low incomes.

For the steps, forms and court fees in more detail, see how to get a divorce in Canada and uncontested vs contested divorce. For legal fees, see how much a divorce lawyer costs in Canada.

Parenting Arrangements

Every decision about children after separation is made according to one test: the best interests of the child. Under the Divorce Act, the child's physical, emotional and psychological safety, security and well-being is the primary consideration.

The key terms

• Decision-making responsibility covers significant decisions about a child's health, education, culture, language, religion and significant extracurricular activities. It can be held by one parent, shared jointly or divided by topic.
• Parenting time is the time a child spends in each parent's care, including time the child is at school or daycare.
• Contact orders under the Divorce Act let people other than spouses, such as grandparents, spend time with a child.

There is no automatic presumption of equal parenting time. A 50/50 schedule is common when it works for the child, but courts look at the specific family.

What courts consider

The Divorce Act lists factors courts must weigh, including:

• the child's needs, given their age and stage of development
• the strength of the child's relationship with each parent, siblings, grandparents and other important people
• each parent's willingness to support the child's relationship with the other parent
• the history of care for the child
• the child's views and preferences, depending on age and maturity
• the child's cultural, linguistic, religious and spiritual upbringing, including Indigenous heritage
• any family violence and its impact
• each parent's ability and willingness to care for the child and cooperate on parenting

Parenting plans

Most parents settle arrangements in a written parenting plan setting out the schedule, holidays, decision-making, communication and how disputes will be handled. The federal government publishes a parenting plan tool and checklist to help parents build one.

Moving with a child

Under the Divorce Act, a parent planning a relocation that would significantly affect the child's relationship with another person who has parenting time or decision-making responsibility must give at least 60 days' written notice. The other parent can object, and a court may decide whether the move can go ahead.

For more detail, see the guide to parenting time and decision-making in Canada.

Child Support

Child support is the right of the child, not the parent. Both parents must support their children whether they were married, lived common-law or never lived together. Parents generally cannot agree to waive child support.

How it is calculated

Outside Quebec, child support is calculated using the Federal Child Support Guidelines or provincial guidelines that use the same tables.

• The table amount is a basic monthly payment based on the paying parent's annual income, the number of children and the province where the paying parent lives.
• Special or extraordinary expenses, often called section 7 expenses, are added on top. They include child care, medical and dental costs not covered by insurance, post-secondary education and some extracurricular activities. These are usually shared in proportion to each parent's income.
• Shared parenting: when each parent has the child at least 40% of the time, a different calculation applies that takes both incomes into account.
• Split parenting: when each parent has at least one child living mainly with them, each parent's table amount is calculated and the difference is paid.

The 2025 table update

Updated Federal Child Support Tables took effect on October 1, 2025, the first update since 2017. Under the new tables, a table amount generally applies only once the paying parent's income reaches $16,000, up from $13,000. The new tables do not automatically change orders or agreements made before that date, but the change may be grounds to recalculate support.

Quebec

Quebec uses its own child support model and tables, which take both parents' incomes into account from the start.

How long it lasts

Child support usually continues while a child is a minor. It can continue past the age of majority while the child is in full-time education or cannot become independent because of illness or disability.

For worked examples and the tools for estimating payments, see the guide to child support in Canada.

Spousal Support

Unlike child support, spousal support is not automatic. A spouse must first show entitlement, and only then are the amount and length decided.

Who may be entitled

Courts recognize three main bases for spousal support:

• Compensatory: one spouse gave up career or income opportunities for the family, for example by staying home with children or relocating for the other spouse's job.
• Needs-based: one spouse cannot meet their reasonable needs after separation, and the other has the ability to pay.
• Contractual: the spouses agreed to support in a marriage contract, cohabitation agreement or separation agreement.

How the amount is estimated

Lawyers, mediators and courts commonly use the Spousal Support Advisory Guidelines. They are not law, but they produce a range of amounts and durations based mainly on the difference in the spouses' incomes, the length of the relationship and whether there are children. Where the spouses fall within that range depends on the facts of their case.

Common-law partners

Common-law partners can claim spousal support in most provinces once they meet the province's definition of spouse.

For more on amounts and duration, see the guide to spousal support in Canada.

Dividing Property and Debts

Property division is handled under provincial and territorial law, so the rules depend heavily on where the couple lives.

Married spouses

Every province and territory gives married spouses a right to share in property built up during the marriage, but the method differs.

• Ontario uses equalization of net family property. Each spouse calculates the growth in their net worth during the marriage, and the spouse with the larger growth generally pays the other half the difference. Assets usually do not change hands directly.
• British Columbia divides family property and family debt equally, with excluded property such as pre-relationship assets, gifts and inheritances kept separate.
• Most other provinces start from an equal division of property acquired during the relationship, with exemptions and room for unequal division in some cases.

The family home

The home the spouses lived in usually gets special treatment. In Ontario, for example, the matrimonial home cannot be excluded from the calculation even if one spouse owned it before the marriage, and both married spouses have an equal right to live there until a court order or agreement says otherwise, regardless of whose name is on title.

Common-law partners

This is where provinces differ most.

In provinces without automatic division, a common-law partner who contributed to a home or business in the other partner's name may still have a claim, but it must be proven in court or negotiated. These claims are often more complex and expensive than a statutory division.

Deadlines

Property claims are subject to strict deadlines that vary by province and by relationship type. In Ontario, for example, a married spouse's equalization claim generally must be started within two years after a divorce or six years after separation, whichever comes first. Common-law property claims in several provinces must be made within two years of separation. Getting advice early protects these rights.

For province-by-province detail, see dividing property after separation and common-law separation rights by province.

Resolving Disputes: Agreement, Mediation or Court

Most separating couples never have a judge decide their case. The Divorce Act requires lawyers to encourage clients to try family dispute resolution, such as negotiation or mediation, where it is appropriate, and courts expect parties to have tried to settle.

Separation agreements

A separation agreement is a written contract that sets out how parenting, support and property will be handled. To hold up, it should be in writing, signed and witnessed, and based on full financial disclosure from both sides. Each spouse should get independent legal advice before signing. Agreements signed without disclosure or advice are easier to challenge later.

When mediation is not appropriate

Mediation may not be safe or fair where there is family violence, a serious power imbalance or a spouse hiding assets. Mediators screen for these issues, and court remains available where they arise.

For more, see mediation vs going to family court and what to include in a separation agreement.

Getting Help: Family Lawyers, Legal Aid and Other Options

The cost of a family law matter depends mostly on how much the spouses disagree. An uncontested divorce with a signed separation agreement can cost a small fraction of a case that goes to trial.

Hiring a family lawyer

Look for a lawyer who practises mainly in family law and is licensed in the province where the case will be heard. Ask about their experience with similar cases, their hourly rate or flat fees, the retainer deposit and how they would try to settle the case. See the guides to hiring a lawyer in Canada, questions to ask a lawyer and how retainers work.

For typical fees, see how much a divorce lawyer costs in Canada and the broader guide to lawyer costs in Canada.

Lower-cost options

• Legal aid: every province and territory has a legal aid plan, and family law is one of its main areas, especially where there is family violence. Financial eligibility limits are strict. See legal aid in Canada.
• Duty counsel: lawyers at many family courthouses give brief free help on the day of a court appearance.
• Limited scope services: a lawyer handles only specific tasks, such as reviewing a separation agreement, drafting documents or coaching for a court appearance.
• Family Legal Services Providers in Ontario: the Law Society of Ontario now licenses paralegals to provide certain family law services. The licence covers a limited range of work, such as joint and uncontested divorces and some straightforward changes to child support, so confirm the matter falls within it before hiring.
• Family court information services: many courthouses run information centres and programs explaining the process, forms and options.
• Public legal education: Steps to Justice (Ontario), Clicklaw (BC), CPLEA (Alberta) and Éducaloi (Quebec) publish free plain-language family law guides.

See free and low-cost legal help in Canada for more options in each province.

Before hiring anyone

Check that the lawyer or paralegal is licensed with the provincial or territorial regulator. See how to check if a lawyer is licensed.

Frequently Asked Questions

Do common-law couples need a divorce?

No. Divorce only applies to married couples. A common-law relationship ends on separation, although parenting, child support, spousal support and, in some provinces, property still need to be resolved.

How long does a divorce take in Canada?

Most couples must be separated for at least one year before a divorce is granted. An uncontested divorce is often granted a few months after the paperwork is filed once that year has passed, depending on the court. Contested cases can take much longer.

Can we live in the same house and still be separated?

Yes. Courts look at whether the couple is living separate lives, for example by sleeping apart, managing money separately and no longer presenting as a couple. It helps to record the date of separation in writing.

Is there a presumption of 50/50 parenting time?

No. Parenting time is based on the best interests of the child. Equal parenting time is common when it works for the child, but it is not automatic.

Can child support be waived in an agreement?

Generally no. Child support belongs to the child, and courts can set aside agreements that provide less than the guideline amount without good reason.

What happens to the house when we separate?

It depends on the province, whether the couple was married and whose name is on title. Married spouses usually share the value of the family home. Common-law partners' rights vary by province.

Can I get a divorce if my spouse will not cooperate?

Yes. One spouse can apply alone. The other spouse must be served with the application, but their agreement is not needed to get a divorce based on one year of separation.

Need a family lawyer? Search LawyerDirectoryCanada.ca for family lawyers by province and city, then confirm each lawyer's licence with the law society before booking a consultation.

Sources

• Divorce Act, Justice Laws Website, Government of Canada
• The Divorce Act Changes Explained: parenting time, Department of Justice Canada
• Changes to the Divorce Act Explained, Department of Justice Canada
• 2025 update to the Federal Child Support Tables, Department of Justice Canada
• FAQ: 2025 update to the Federal Child Support Tables, Department of Justice Canada
• Changes to federal child support tables, Government of Alberta
• Parental union: new rights for common-law couples with children, Éducaloi
• Family Law Act (Ontario), e-Laws
• Family Law Act (British Columbia), BC Laws
• Common-law partners and property, Manitoba Family Law
• Common law relationships and registered domestic partnerships, Nova Scotia Family Law