Understanding Separation in Alberta

Separation and divorce are not the same thing. And you do not necessarily have to move into different homes before you can be considered separated.

Why separation matters

For married spouses and adult interdependent partners in Alberta, separation can affect important legal issues including:

• Parenting arrangements;
• Child support;
• Spousal or partner support;
• Property division; and
• The timing of divorce proceedings.

Separated under the same roof

Married spouses can continue living under the same roof while being legally separated if the relationship has ended in substance. Courts look at factors such as whether the parties sleep separately, share meals, socialize together, present as a couple, and manage finances jointly.

Separation as the ground for divorce

For married couples relying on separation as the ground for divorce, the Divorce Act generally requires spouses to have lived separate and apart for at least one year before the divorce can be granted. A reconciliation attempt of up to 90 days in total does not interrupt that one-year period.

No formal document is required to separate in Alberta, but a written separation agreement can bring clarity to parenting, support, and property.

Identify your separation date

The separation date can become important later — for valuing property, calculating support, and determining when certain deadlines begin to run. Keep a record of when and how the relationship ended.

If you are separating, speak with our team about protecting your rights from the start.