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. In more detail, to obtain a legal separation, you must go to court. You can apply for the separation in two ways : either both spouses agree and submit their draft agreement to court OR the spouses disagree or again one spouse refuses to separate so the court will rule in favor of the separation if any of the following reasons are present :
(1) the couple has been living separately;
(2) one of the spouses has seriously failed to perform an obligation resulting from the marriage;
(3) an accumulation of facts makes living together hardly tolerable
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