There is a clear difference between Separation and Divorce. Separation is when you and your partner begin living separate lives, whether in the same home or not. Divorce is the legal end to a marriage, granted only by the court. If you are married, separation is the first step, and divorce is often the last.
Understanding Separation
When your relationship ends, whether you are married or in a common-law relationship, the first step is separation. This does not always mean one of you immediately moves out. You can be separated and still live in the same house, especially if finances or living arrangements make moving out difficult. What matters is that at least one of you has clearly said the relationship is over, and you are no longer living as a couple.
You do not need to file paperwork or go to court to be “officially” separated. Once you have separated, you can begin sorting out parenting, support, and property.
What Happens During Separation?
During separation, you can and should deal with all the major legal and financial issues tied to your relationship, including:
- Parenting arrangements (formerly called custody and access)
- Child support and spousal support
- Division of assets and debts
- Future financial obligations
You can work through these issues with the help of a family lawyer. In Alberta, most couples enter into a formal legally binding contract signed by you and your spouse (and your lawyers) that outlines your agreements around parenting, support and property division. These agreements are known by various names such as ‘Separation Agreement’, ‘Minutes of Settlement’ or Divorce and Property Agreement, for example.
These agreements help protect your rights, provide clarity, and reduce the chance of future disputes. The agreements are enforceable from the moment they are signed.
When Does Divorce Happen?
If you are married and want to end your marriage legally, you will need to apply for a divorce. Only a court can grant a divorce in Alberta.
You don’t need to wait for the divorce to settle support or parenting issues. In fact, many people finalize their separation agreement before applying for divorce. This makes the legal process smoother and less stressful.
If you were in a common-law relationship (also called Adult Interdependent Partners in Alberta), you don’t need a divorce. You just need to settle your shared legal obligations, which you can do through a separation agreement.
Why Does It Matter?
Understanding the difference between separation and divorce helps you plan your next steps. Separation is about starting to live independently and deciding how to handle children, money, and property. Divorce is simply the legal end to your marriage.
Frequently Asked Questions
Q1: Can we be separated and still live in the same house?
Yes. You can be considered legally separated even if you continue living in the same home, as long as you are no longer living as a couple.
Q2: Do I need a lawyer to separate?
You don’t need a lawyer to say you are separated, but you should get legal help to create a proper separation agreement that protects your rights and complies with Alberta law.
Q3: How long after separation can I get divorced?
You can start an action for divorce as soon as you separate. However, the Alberta Courts cannot grant the divorce until you have been living separately and apart for one year. You can begin working on parenting, support, and property division during that time.
About Marla Miller
Marla S. Miller is a senior family lawyer with Miller Boileau Family Law Group in Edmonton, Alberta. With over 40 years of experience Marla guides clients through separation and divorce with clarity, compassion, and practical solutions.
Thinking about separation or divorce? Call Marla Miller today at 780‑482‑2888.
Early in her legal practice, influenced by her late uncle who was a Justice of the Court of Queen’s Bench, Marla Miller, K.C. became a Family Law Mediator. She has been helping families through mediation for over 30 years. In 2001 she, along with Pierre Boileau, K.C. and others, was one of the founding members of the Association of Collaborative Professionals (Edmonton). She has been an active volunteer with that Association ever since.
One of the first Family and Divorce Lawyers in Edmonton to make a commitment to give up litigation as an option, Marla remains passionate about helping her clients settle outside of court by finding agreements that meet their needs and interests. As both a Registered Collaborative Family Lawyer and a Registered Family Mediator, Marla is one of the most experienced family Mediators in Edmonton.