During a separation, the couple lives separately, but the marriage does NOT end. You can separate from your spouse at any time. When no judge is involved, it’s called a de facto separation. A legal separation occurs when a judgment is rendered by the court releasing the spouses from the obligation to live together – this is called a “a legal separation”. In a “legal separation”, you may also agree to divide your assets, make decisions about child custody, etc., and so on.
When the spouses have reached an amicable agreement (draft agreement), they can submit their draft agreement to the court with certain adaptations.
If one of the spouses does not wish to separate, or if the couple is unable to reach an agreement, the court will declare a legal separation if it finds that one of the grounds provided for by law exists :
-The spouses are living apart at the time of the application ;
-A serious breach by one of the spouses of a marriage obligation ; or
-A set of facts that make it difficult to tolerate continued cohabitation.
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. (article 585 C.C.Q)