When can I file for divorce in Canada?
Under the federal Divorce Act, you can apply for a divorce after living separate and apart for at least one year. The one-year period can run concurrently with the divorce proceedings — you can file as soon as you separate and the divorce will be granted once the year is complete. Adultery and physical/mental cruelty are still grounds for immediate divorce but are rarely used.
Is there a limitation period for property claims in Canada?
Yes. In Ontario, an equalization claim must be brought before the EARLIEST of: 6 years after separation, 2 years after the divorce is granted, or 6 months after a spouse's death (FLA s.7(3)) — divorcing soon after separating can make the 2-year clock expire well before the 6-year mark. Other provinces set their own limitation periods, often anchored to the divorce or separation-agreement date rather than the separation date. Missing the limitation period can permanently bar a property claim. See a lawyer early.
What is the date of separation for legal purposes?
The date of separation is typically the date you and your spouse clearly communicated an intention to live separate and apart permanently. You can separate while still living in the same home (especially for financial reasons) if you maintain separate lives. Courts consider factors like sleeping arrangements, shared meals, social activities, and whether you told others you had separated.