Family Law
What is the difference between Separation and Divorce?
Separation and divorce are two common ways of ending a relationship, but they have different legal and practical consequences. If you are wondering what the difference is between separation and divorce, here is a brief overview of the main points
1
Separation is when a couple decides to live apart from
each other, but they are still legally married. Divorce is when a court officially ends a marriage, and the couple is no
longer legally married¹.
3
Divorce requires a legal process that involves filing for divorce, serving the papers to the other spouse, waiting for a response, attending a hearing, and getting a divorce order. Divorce can be contested or uncontested, depending on whether the spouses agree on the terms of the divorce or not.
5
Separation and divorce have different implications for various aspects of your life, such as child custody and access, division of assets and debts, spousal and child support, health insurance, taxes, and remarriage.
2
Separation can be informal or formal. An informal separation does not involve the courts, and the couple can choose to live apart while working on their relationship or divorce proceedings. A formal separation, also called a legal separation, is approved by the courts and can have an effect on marital property and taxes.
4
Separation can be a way to figure out if you want to end the marriage or not. It can also be a way to save a marriage by giving yourselves some time and space to work on your issues. Divorce is a final decision that closes the door to reconciliation.
If you are considering separation or divorce, it is important to consult with a lawyer who can advise you on your rights and obligations. You may also benefit from seeking professional help from a counsellor or therapist who can help you cope with the emotional challenges of ending a relationship. If you have any questions or need to consult a Lawyer please
contact us.
What is Child Support
Child support is the money paid by one parent to the other to help cover the costs of raising their children after they separate or divorce.
Child support is calculated based on the Federal Child Support Guidelines, which consider the following factors:
- the number of children who need support
- the province or territory where the paying parent lives
- the paying parent's annual income
What is Spousal Support
Spousal support is the money paid by one spouse to the other to help them become financially self-sufficient or to prevent them from experiencing serious financial hardship due to the breakdown of the relationship.
Spousal support is calculated based on various factors, such as
- the length of the relationship
- the roles and contributions of each spouse
- the income and needs of each spouse
- the ability of each spouse to earn income
- the standard of living during the relationship
There are no official guidelines for spousal support, but there are some advisory guidelines that can help you determine the appropriate amount and duration of spousal support.
Section 7 expenses are special or extraordinary expenses that are shared by the parents in proportion to their incomes, in addition to the basic child support amount. These expenses may include
- child care expenses
- medical and dental insurance premiums
- health-related expenses
- education expenses
- extracurricular activities expenses
To calculate section 7 expenses, you need to
- identify and estimate the expenses that are necessary, reasonable, and extraordinary for your child
- deduct any contributions from the child or any third party, such as a government program or a private insurance
- divide the remaining amount between the parents according to their income shares