In a separation, the marriage or civil union does NOT end, but the couple lives apart. You can separate from your spouse at any time. If no judge is involved, this is called a de facto separation. A legal separation occurs when a judgment is made by the court that relieves the spouses of the obligation of living together – this is called “separation from bed and board.” In “separation from bed and board,” you can also agree to divide your things, make decisions regarding custody of the children etc.
No. You can apply for a legal separation without your spouse’s consent if you can show that:
- you have been living apart OR
- one spouse has committed adultery OR
- there have been a number of events that makes living together unbearable.
You need to submit an application that is available online. Please see “Info & Help” to speak with a lawyer.
Yes. If two spouses have separated, one may be eligible to receive spousal support. Relevant factors in deciding the amount given include: the economic disadvantages to the spouses arising from the divorce, the spouse’s degree of responsibility for caring for the child of marriage, and the spouse’s ability for economic self-sufficiency.
Section 585 of the Civil Code of Quebec