Your date of separation is a crucial piece of information under the Family Law Act. It is when the marriage or marriage-like relationship ends.
Why the Date of Separation Matters
The date of separation is one of the most important concepts under BC separation law. It affects how long your relationship is considered to have lasted, whether spousal support applies, what counts as family property, and, if you were married, when you can apply for a divorce.
Under the Family Law Act, two key dates often need to be identified:
- The date of cohabitation, when you and your partner began living together in a marriage-like relationship, and
- The date of separation, when that relationship ended.
Under section 3 of the Family Law Act, if you are married or if you have lived together in a marriage-like relationship with another person for a continuous period of two years, you are considered a spouse. Additionally, you are considered spouses if you live together in a marriage-like relationship and have a child with the other person, even if you haven’t lived together for a full two years.
How do we determine the date of separation?
Sometimes, the date is straightforward. If you and your spouse have a major disagreement, one person says they’re leaving, and moves out that day, that’s typically your date of separation.
However, in many relationships, separation happens gradually. Perhaps you’ve been sleeping in separate rooms or on the couch for months, still sharing meals or finances, and trying to make things work.
In these cases, the date of separation isn’t always obvious. If you and your spouse can agree on a date, that’s ideal. If not, a judge may have to determine it based on evidence, such as:
- When you stopped sharing a bedroom or finances
- When one of you told friends or family the relationship was over
- When you began living more independently
- When you wrote to your spouse that your relationship was over
You should consider documenting significant changes or conversations about separation, as it may help you with recalling what occurred if a dispute arises later.
How to Prove that You are “Legally” Separated?
A common question people ask their family lawyer is whether there’s any way to “prove” they’re legally separated.
It’s important to understand that there is no formal piece of paper that you receive to show you are separated in British Columbia. When you and your spouse decide to live “separate and apart”, you are legally separated, even without paperwork or a court order. Even the Government of BC has a page on their website that says: “There is no such thing as a “legal” separation. If you are living apart, you are separated.”
This is different from being divorced, which requires a final court order and allows you to obtain a Certificate of Divorce once the order is granted.
If you’ve chosen to separate and are living “separate and apart” from your spouse, you are legally separated under the Family Law Act.
Can you live in the same house and be separated?
Yes. The courts have recognized that it isn’t always financially or practically possible for spouses to move into separate homes when they separate. Often, while spouses are sorting out their finances and living arrangements, they continue to live under the same roof, and they are still considered separated.
The Date of Separation and Divorce in BC
Your date of separation is also important when it comes to divorce. Under the Divorce Act, you must be separated for at least one year before a court will grant a divorce order unless you are claiming a different ground for the divorce, such as adultery or mental and physical cruelty. However, it will likely take a year to get in front of a judge on those other grounds, and they often create more strife, so almost everyone claims divorce on the grounds of one year of separation.
This one-year period doesn’t mean you have to file for divorce immediately. When you file for the divorce, you’ll need to confirm that you’ve been living separate and apart for a full year. In the divorce documentation, it is important to show that you and your spouse agree on the date of separation.
Why Dates of Cohabitation and Separation So Important?
Under the Family Law Act, your date of cohabitation and date of separation determine:
- If you qualify as spouses,
- The length of your relationship, which affects eligibility and duration of spousal support,
- What counts as family property and debt, since assets and liabilities acquired between those dates are typically shared, and
- When you can apply for a divorce, since a full year of separation is required.
Getting Legal Help
If you’re unsure about your date of separation or your legal status after separation, you don’t have to navigate it alone.
At Step By Step Law Corporation in Langford, BC, we help clients understand their rights under BC separation law and the Family Law Act. Whether your separation was sudden or gradual, we can help you clarify key dates and protect your legal interests moving forward.
Ready to talk? Contact Step By Step Law Corporation today to book a consultation with a family lawyer in Langford who understands the complexities of BC separation law and can guide you through the separation and divorce process.