How long do I need to be separated before I can get a divorce?

What the Law Says

The federal Divorce Act sets out the only legal grounds for divorce in Canada. The most common ground is marriage breakdown, which — in most cases — is proven by living separate and apart for at least one year.

Under Canadian law, divorce is governed exclusively by federal legislation — the Divorce Act — not provincial laws. This means the same rules apply across all provinces and territories.

The law recognizes three grounds for divorce: (1) separation for one year, (2) adultery, or (3) cruelty. Most divorces are granted on the basis of one year of separation because it does not require proof of wrongdoing and avoids conflict.

Importantly, 'separation' does not always mean living in different residences. Couples may still live under the same roof but be considered separated if they have stopped acting as a married couple — for example, by ceasing shared meals, sleeping arrangements, social activities, or financial interdependence.

Statutory Text

A court may grant a divorce on the ground that there has been a breakdown of the marriage established by separation for one year, adultery, or cruelty.

— Divorce Act, s. 8 — Divorce — breakdown of marriage

What to Do

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