| Detail | Summary |
|---|---|
| Governing legislation | Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)), amended by Bill C-78 (in force March 1, 2021) |
| Jurisdiction | Federal — applies to all married couples in Canada |
| Property division | Provincial — rules differ significantly by province |
| Minimum separation period | 1 year (for no-fault divorce) |
| Who can apply | Married couples only; common-law couples cannot divorce |
| Last updated | June 2026 |
Divorce in Canada is governed federally by the Divorce Act. The rules for getting a divorce — the grounds, the process, parenting orders, and support — are the same whether you live in Ontario, British Columbia, or Nova Scotia. What is not federal: property division. That is entirely provincial, and the rules vary enough to matter.
Grounds for Divorce in Canada
There is only one ground for divorce under the Divorce Act: marriage breakdown. Marriage breakdown is established in one of three ways:
| Ground | What It Requires | Notes |
|---|---|---|
| Separation for 1 year | Living separate and apart for at least 1 year | Most common; no fault required |
| Adultery | One spouse committed adultery | The spouse who committed adultery cannot use this ground themselves |
| Physical or mental cruelty | Conduct that makes continued cohabitation intolerable | Courts set a high bar; isolated incidents rarely qualify |
The 1-year separation ground is used in the vast majority of Canadian divorces. You do not need to prove fault, assign blame, or agree on anything to start the clock. You can live under the same roof and still be "separated" if you have stopped living as a couple — separate bedrooms, separate finances, no shared social life. Courts have accepted this in cases where neither spouse could afford to move out.
You can file for divorce before the year is up, but the court will not grant the divorce order until the full year has passed.
The Divorce Process: Step by Step
Divorce in Canada is a court process. A judge must grant the order.
Step 1: File an application. One spouse (the applicant) files a divorce application in the superior court of the province where either spouse has lived for at least 1 year. In Ontario: Superior Court of Justice. In BC: Supreme Court of British Columbia.
Step 2: Serve the other spouse. The respondent must be personally served with the application. They have 30 days to respond (60 days if served outside Canada).
Step 3: Financial disclosure. Both spouses must exchange financial statements — income, assets, debts. This is mandatory. A separation agreement or court order made without full financial disclosure can be set aside by a court.
Step 4: Resolve outstanding issues. Property division, parenting arrangements, child support, and spousal support must be resolved — by agreement or court order — before or at the same time as the divorce.
Step 5: Divorce order. A judge reviews the application and, if satisfied, grants a divorce order. The divorce takes effect 31 days later (the appeal period), unless both spouses waive the waiting period in writing.
Uncontested divorce: If both spouses agree on all issues, the divorce can often be processed without a court appearance. In Ontario, this is called a "desk order divorce" — a judge reviews the paperwork and grants the order without a hearing.
Property Division: Provincial Rules That Differ Significantly
The Divorce Act does not divide property. Each province has its own legislation.
| Province | Legislation | Key Rule |
|---|---|---|
| Ontario | Family Law Act | Equalization of net family property — each spouse gets half the increase in net worth during the marriage |
| British Columbia | Family Law Act (BC) | Equal division of family property and family debt acquired during the marriage |
| Alberta | Matrimonial Property Act | Equal division of matrimonial property, with some exceptions |
| Quebec | Civil Code of Quebec | Partnership of acquests (default) — property acquired during marriage is shared equally; pre-marriage property is excluded |
| Manitoba | Marital Property Act | Equal division of family assets |
| Nova Scotia | Matrimonial Property Act | Equal division of matrimonial assets |
Matrimonial home: In Ontario, both spouses have equal rights to possession of the matrimonial home regardless of who is on title, until a court order or agreement says otherwise. The home cannot be sold or mortgaged without both spouses' consent — even if only one name appears on the deed.
Pensions: Defined benefit pensions are divisible on divorce. In Ontario, the Family Law Act requires pension administrators to calculate the "family law value" — the portion of the pension earned during the marriage. This can be divided by transferring a lump sum to the other spouse's RRSP or pension plan.
RRSP and RRIF transfers: Assets transferred between spouses on divorce under a court order or written separation agreement qualify for a tax-free rollover under s. 146(16) of the Income Tax Act. The transfer must be made directly between registered accounts — a cheque to the spouse does not qualify.
Parenting After Divorce: Terminology Changed in March 2021
Bill C-78 amended the Divorce Act, coming into force March 1, 2021. The amendment replaced "custody" and "access" with new terms that apply to all cases under the Divorce Act:
| Old Term | New Term | What It Means |
|---|---|---|
| Custody | Decision-making responsibility | Who makes major decisions about the child (education, health, religion) |
| Access | Parenting time | When each parent spends time with the child |
| Sole custody | Sole decision-making responsibility | One parent makes all major decisions |
| Joint custody | Shared decision-making responsibility | Both parents make major decisions together |
Provincial family law acts may still use "custody" and "access." The new federal terms apply only to married couples divorcing under the Divorce Act.
Best interests of the child is the only consideration. Under s. 16 of the Divorce Act, courts weigh:
- The child's physical, emotional, and psychological safety
- The nature of the child's relationships with each parent
- The child's views, depending on age and maturity
- Each parent's willingness to support the child's relationship with the other parent
- Any history of family violence and its impact on the child and the other parent
Relocation: Under the 2021 amendments, a parent who wants to move with a child must give 60 days' written notice to the other parent. The other parent can object. If the move would significantly affect the child's relationship with the other parent, the court decides whether to allow it — the burden of proof depends on the existing parenting arrangement.
Child Support: Federal Tables, Not Negotiable
Child support is calculated using the Federal Child Support Guidelines. The base amount depends on the paying parent's gross annual income and the number of children. Courts will not approve agreements that pay less than the table amount without a specific legal justification.
Sample table amounts (Ontario, 2026):
| Paying Parent's Income | 1 Child | 2 Children | 3 Children |
|---|---|---|---|
| $50,000/year | $467/month | $756/month | $960/month |
| $80,000/year | $742/month | $1,200/month | $1,524/month |
| $120,000/year | $1,112/month | $1,800/month | $2,285/month |
Section 7 (special or extraordinary) expenses are shared proportionally based on each parent's income. These include:
- Childcare costs (daycare, after-school programs)
- Medical and dental expenses not covered by insurance
- Post-secondary education costs
- Extracurricular activities, where the amount is significant given the family's circumstances
Child support continues until the child is no longer a "child of the marriage" — generally, until they finish full-time education or become financially independent. There is no automatic cutoff at age 18.
Shared parenting: When each parent has the child at least 40% of the time, the base table amount may be adjusted. Courts calculate what each parent would pay if they were the sole payor, then offset the two amounts and consider the increased costs of shared parenting.
Spousal Support: Ranges, Not Fixed Amounts
Unlike child support, there are no binding tables for spousal support. Courts use the Spousal Support Advisory Guidelines (SSAG) — a formula developed by law professors, widely applied by courts and lawyers, but not legislated.
SSAG formula (without children):
- Amount: 1.5–2% of the difference in the spouses' gross incomes, per year of marriage
- Duration: 0.5–1 year of support per year of marriage, up to a maximum
Example: A 15-year marriage where one spouse earned $100,000 and the other $30,000:
- Income difference: $70,000
- Amount range: approximately $1,750–$2,333/month
- Duration range: 7.5–15 years
Spousal support paid under a court order or written agreement is taxable income for the recipient and tax-deductible for the payor. A lump-sum payment is generally not deductible.
Entitlement is not automatic. Courts consider whether the lower-earning spouse suffered an economic disadvantage from the marriage — for example, leaving the workforce to raise children, or relocating for the other spouse's career. A short marriage with no children and both spouses working full-time may result in no spousal support at all.
Cost of Divorce in Canada
| Type of Divorce | Typical Cost Range | Notes |
|---|---|---|
| Uncontested (no lawyer) | $500–$1,500 | Court filing fees plus document preparation |
| Uncontested (with lawyer) | $1,500–$5,000 | Lawyer drafts documents and reviews agreement |
| Contested (negotiated settlement) | $10,000–$30,000 per side | Lawyer negotiations, financial disclosure process |
| Contested (full trial) | $30,000–$100,000+ per side | Expert witnesses, multiple court appearances |
Court filing fees (Ontario, 2026): $202 to file a sole divorce application; $280 for a joint application.
Mediation can significantly reduce costs for couples who can negotiate. A family mediator typically charges $200–$400/hour; a full mediation process for a contested divorce might take 10–20 hours. Collaborative divorce — where both spouses retain collaboratively trained lawyers and commit to resolving issues without court — is another option that avoids litigation costs.
FAQ
Can I get a divorce in Canada without a lawyer?
Yes. An uncontested divorce — where both spouses agree on all issues — can be completed without a lawyer in most provinces. In Ontario, you file the application, serve the other spouse, and submit the required documents to the court. A judge reviews the paperwork and grants the order without a hearing. The court filing fee is $202 for a sole application or $280 for a joint application. If you have children or significant assets, having a lawyer review your separation agreement before filing is worth the cost — a poorly drafted agreement can be set aside or create enforcement problems later. The Family Responsibility Office in Ontario can only enforce support obligations that are in a court order or a filed agreement, not an informal arrangement.
What happens to the house when you divorce in Canada?
The matrimonial home is treated differently from other assets in most provinces. In Ontario, both spouses have an equal right to possession of the home regardless of who is on title, until a court order or agreement resolves it. The home's value is included in the equalization calculation — each spouse is entitled to half the increase in net worth during the marriage. If one spouse wants to keep the house, they typically buy out the other's share. If neither can afford to, the house is sold and the proceeds divided. A spouse cannot sell or mortgage the matrimonial home without the other spouse's consent, even if only one name is on title — this protection applies from the date of marriage, not the date of separation.
How long does a divorce take in Canada?
An uncontested divorce with no children and no property disputes can be completed in 4–6 months from the date of filing — assuming the 1-year separation period has already passed. The main variable is court processing time, which differs by province and courthouse. In Ontario, desk order divorces currently take 3–5 months from filing to the divorce order. A contested divorce that goes to trial can take 2–4 years, depending on the complexity of the issues and court availability. The divorce order itself takes effect 31 days after it is granted, unless both spouses waive the appeal period in writing. You will need a certified copy of the divorce order — or a divorce certificate — before you can remarry.
Does a separation agreement need to be filed with the court?
No. A separation agreement is a private contract between the spouses — it does not need to be filed with or approved by a court to be legally binding. Both spouses must sign voluntarily, with full financial disclosure. Independent legal advice is strongly recommended, though not legally required. However, if you want the agreement to be enforceable as a court order — for example, to use the Family Responsibility Office in Ontario to collect support payments automatically — you can file it with the court and have it incorporated into a consent order. Child support terms in a separation agreement can be reviewed by a court at any time if circumstances change, regardless of what the agreement says. Spousal support terms can also be varied if there is a material change in circumstances, unless the agreement explicitly limits variation.