Can You Separate Without Your Partner’s Consent in Ontario? Yes—Here’s What You Need to Know.

Can You Separate Without Your Partner’s Consent in Ontario? Yes—Here’s What You Need to Know.

By OneLegal Professional Corporation

At OneLegal Professional Corporation, we often hear the question: “Can I separate if my partner doesn’t agree?” The answer under Ontario family law is clear: yes, you can. Separation doesn’t have to be mutual—only one person needs to decide that the relationship is over.

In this post, we break down how separation works in Ontario when one party doesn’t agree, how the separation date is determined, and how property and financial rights come into play after separation.

1. You Don’t Need Permission to Separate in Ontario

Many people are surprised to learn that in Ontario, separation is a unilateral decision. That means one person can decide to end the relationship—even if the other person disagrees. Once that decision is made, the person must also act on it, such as by:

• Moving out of the shared home (if possible)

• Withdrawing from shared routines or responsibilities

• Making it clear, through words or actions, that the relationship is over

This legal principle applies whether you're married or in a common-law relationship.

2. Why the Date of Separation Matters

The date of separation is not just a date on the calendar—it can have serious legal and financial consequences. It affects:

• Equalization of property (in marriages)

• Spousal support

• Eligibility for divorce (after one year of living "separate and apart")

Courts look at several factors to determine when the separation happened:

• Whether the couple stopped living together

• Whether they stopped having an intimate relationship

• Changes in financial support and household duties

• Whether they presented themselves as separated to others

In some cases, disputes over this date can lead to litigation, especially when large financial differences are at stake, as seen in Giglio v. Mang, Steinberg Professional Corp., [2015] O.J. No. 7249.

3. Property Rights and Separation Agreements

Ontario’s Family Law Act allows couples to create marriage contracts (or cohabitation agreements) that outline how property and finances will be handled in the event of separation. These contracts can:

• Define how property will be divided

• Set spousal support obligations

• Protect business assets or family inheritances

Even if such agreements don’t mention separation explicitly, courts can still enforce them—as in the case of Bosch v. Bosch.

If there’s no agreement in place, property and debts are divided according to Ontario law, which can lead to unexpected outcomes.

What This Means for You

If you’re in a relationship and considering separation—even if your partner doesn’t agree—you have rights. Ontario law supports your ability to move forward, protect your property, and seek financial fairness.

But navigating separation can be complex, especially when emotions run high or your partner disputes your decision. That’s where legal advice makes all the difference.

Need Help Separating in Ontario? Let’s Talk.

At OneLegal Professional Corporation, we specialize in guiding individuals through the separation process with compassion, clarity, and confidence. Whether you need help establishing your separation date, drafting a separation agreement, or protecting your assets, we’re here for you.

📞 Call us today for a consultation or fill out our contact form to speak with a family lawyer who understands your rights.

Separation is a legal decision. Make it with legal support.