First Steps After Separation in Ontario: What You Need to Do

Establish the Date of Separation

The date of separation is legally significant in Ontario. It determines when the one-year period begins for the purpose of establishing marriage breakdown as a ground for divorce, and it can affect the calculation of property values under Ontario’s equalization regime. Make note of the date separation occurred and document it where possible.

Seek Legal Advice Early

One of the most important steps you can take is to consult with a family law lawyer as soon as possible after separation. Even an initial consultation can help you understand your rights and obligations, the likely outcomes for your specific situation, and what steps to take to protect yourself. Legal advice is especially important before signing any documents or making financial decisions.

Gather and Protect Important Documents

Collect and securely store important documents, including your marriage certificate, tax returns for the past three years, recent bank and investment statements, mortgage statements and property records, vehicle ownership documents, pension statements, and any existing wills or insurance policies. These documents will be essential for financial disclosure and negotiating a settlement.

Open Individual Financial Accounts

If you do not already have bank accounts in your own name, open them. You will need to receive income and pay expenses independently. You may also want to review joint accounts and discuss with your lawyer how to handle them. It is generally advisable not to drain joint accounts unilaterally, as this can have legal consequences.

Review and Update Beneficiary Designations

After separation, review the beneficiary designations on your life insurance policies, RRSPs, TFSAs, pensions, and other registered plans. Separation alone does not automatically change beneficiary designations. Consult with a lawyer before making changes, as there may be legal obligations that restrict what changes you can make.

Prioritize the Children

If you have children, their well-being should be the central priority. Try to establish a stable and consistent routine for them as early as possible. Where both parents can communicate respectfully, a temporary parenting arrangement agreed upon between you can provide stability while longer-term plans are developed.

Protect Your Credit

Separation can have significant implications for shared debts and credit. Monitor joint credit cards and lines of credit. Consider whether it is possible to remove your name from joint debt accounts or to close them. Speak with your lawyer about your liability for your spouse’s debts, particularly those incurred after the date of separation.

Consider Your Living Arrangements

Deciding who will remain in the matrimonial home is one of the most immediate and practical decisions to make. In Ontario, both spouses have an equal right to possession of the matrimonial home, regardless of who holds title. Consult a lawyer before voluntarily moving out, as this can affect your property rights.

Avoid Common Mistakes

• Do not make major financial decisions without legal advice.
• Do not relocate with the children without the other parent’s consent or a court order.
• Do not post about your separation or legal proceedings on social media.
• Do not destroy, hide, or dispose of assets.
• Do not sign any legal documents without obtaining independent legal advice first.