When a relationship ends, couples must decide whether to separate or pursue a divorce. While both involve living apart and making legal arrangements, they have different legal implications. Understanding these differences is essential for making informed decisions about your future.

What Is Separation?

Separation occurs when spouses or Adult Interdependent Partners (AIPs) decide to live apart. In Alberta, there is no formal legal process required to be considered separated—one or both partners must simply decide the relationship is over and stop living as a couple.

Key Points About Separation in Alberta:

• There is no need to file paperwork to be "legally separated." Separation happens as soon as one or both partners decide the relationship is over.
• Spouses who separate remain legally married until they obtain a divorce.
• A separation agreement can be created to outline parenting arrangements, child and spousal support, and property division. While not mandatory, it helps avoid disputes.
• Adult Interdependent Partners (AIPs) who separate may still have legal obligations related to financial support and property division, even though they were never married.

Separation is often used as a step before divorce, but some couples choose to remain separated indefinitely for personal or financial reasons.

What Is Divorce?

Divorce is the legal termination of a marriage. Unlike separation, divorce requires a court order to be finalized.

Key Points About Divorce in Alberta:

• Divorce legally ends a marriage, allowing both spouses to remarry in the future.
• A one-year separation is the most common ground for divorce, but adultery or cruelty can also be used to obtain a divorce sooner.
• The court must be satisfied that arrangements for child support are in place before granting a divorce.
• Divorce proceedings involve legal steps, including filing court documents and resolving issues like property division, parenting arrangements, and support obligations.

Adult Interdependent Partners do not need a divorce since they were never legally married, but they may still need to resolve financial or parenting matters through a legal agreement or court process.