Why the Separation Date Matters

SeparationMarch 18, 2026

We provided a “how to” on Where spouses continue living together, disputes about the separation date are common — and often consequential.

The separation date affects:

When the one-year divorce period begins
The valuation date for equalization of net family property under the Family Law Act
The calculation and duration of spousal support
Certain limitation periods

As McBennett v. Danis illustrates, even a difference of several months — or a year — can have significant financial consequences. Courts will scrutinize the evidence carefully when the date is contested.

CRA considerations: a parallel analysis

Separation also has important tax and benefit implications.

The Canada Revenue Agency (CRA) generally considers you to be separated once you have been living separate and apart for at least 90 days due to a breakdown of the relationship. Importantly, the CRA’s analysis overlaps with the family law test. It looks at whether you are still functioning as a couple, including whether you share finances, meals, or domestic life.

If you are separated, you are required to update your marital status with the CRA. This can affect:

Canada Child Benefit entitlements
• GST/HST credits
• Other income-tested benefits

If you continue living under the same roof, you should be especially careful to ensure that your conduct aligns with the status you report. Inconsistent positions — for example, claiming to be separated for tax purposes while continuing to live as a couple — can lead to reassessments and repayment obligations.

Practical guidance: protecting yourself

If you find yourself separated but still living together, there are several practical steps you can take to protect your legal position:

Document the separation
Confirm the date of separation in writing — whether by email, text, or a formal letter. This can become critical evidence later.

Separate your finances
Open individual accounts, stop pooling resources, and keep records of your expenses.

Change your public and official status
Update your marital status with the CRA and on other official documents, and ensure your conduct is consistent with that status.

Limit joint activities
Avoid socializing, travelling, or presenting yourselves as a couple.

Seek legal advice early
A family lawyer can help you structure your separation in a way that minimizes disputes and protects your interests.

Final thoughts

Living “separate and apart” under one roof is a recognized reality in Ontario family law. However, it requires more than simply deciding the relationship is over. You must demonstrate, through your conduct, that the marriage has truly ended.

If you are in this situation, the question to ask yourself is not just where you live, but how you live. The more clearly you can show that you and your spouse have moved from a shared life to separate ones, the stronger your position will be — both in family court and with the CRA. We can help, feel free to give our offices a Call or request a Free Consultation.