When couples in Ontario decide to end their relationship, one of the first (and most important) questions that comes up is: “When did we actually separate?”

It may sound simple, but the “date of separation” can have a big impact on your finances, property division, and support arrangements. Understanding how it’s determined will help you feel more prepared and avoid surprises.

Why the Date of Separation Matters

In Ontario, the exact date of your separation affects:

• Division of property – Assets and debts are usually valued as of the date of separation.

• Spousal support and child support – The timing can influence when support obligations begin.

• Limitation periods – There are deadlines for making certain family law claims, and they often start running from the date of separation.

This is why courts sometimes have to step in and decide the date of separation if the couple can't agree on when separation occurred.

How Courts Decide the Date

The courts look at several factors to see when a couple truly separated. Some of the most common signs include:

• Living arrangements – Did one of you move out, or are you living “separate and apart” under the same roof?

• Finances – Did you stop sharing bank accounts or paying bills together?

• Daily life – Were you still cooking, shopping, or socializing as a couple?

• Communication – Did you make it clear to each other that the romantic relationship had ended?

• Public presentation – Were you still presenting yourselves as a couple to family, friends, or the community?

No single factor decides the date of separation on its own. Judges weigh all the facts to determine a date.

A Recent Example from the Ontario Court of Appeal

In a 2024 case called Kassabian v. Marcarian, Ontario’s top court reviewed how a trial judge chose the date of the parties’ separation. The trial judge found that the separation occurred when the wife explicitly communicated her intent to end the marriage in May 2021 in an e-mail, rather than an earlier date proposed by the husband in December of 2014. The trial decision was upheld. The key takeaway? Courts give a lot of weight to the trial judge’s assessment of the evidence. That means the specific details of your daily life, even small things, can tip the scales one way or the other.

Why It’s So Common to Disagree

Many couples don’t see separation the same way. One spouse may feel the relationship ended months earlier, while the other believes they were still trying to make it work. These disagreements are not unusual, and they can make financial negotiations more complicated.

What You Can Do

If you’re separating, here are a few steps to help avoid disputes later:

• Write it down – Make a note of when you consider the relationship to have ended.

• Communicate clearly – Let your spouse know (in writing) when you believe the separation took place.

• Keep records – Emails, texts, or financial changes can help show when you stopped functioning as a couple.

• Get legal advice early – Even a short consultation can help you understand how the law applies to your situation.

Final Thoughts

Separation is an emotional time, and questions about dates may feel technical or even frustrating. But in family law, details matter, and the “date of separation” can shape the entire outcome of your case.

If you’re unsure about how this applies to your situation, speaking with a family lawyer can give you clarity and peace of mind as you move forward.

Ready to Get Clarity on Your Separation?

At Mason Poratto-Mason LLP, we help clients across Northern Ontario navigate separation and divorce with clear guidance and practical solutions. If you’re unsure about your date of separation or how it could affect your property division or support, we’re here to help.

📞 Call us at 705-560-8133 or 📧 info@mpmlaw.ca to book a confidential consultation today.