At Clark Woods LLP, we regularly break down legal questions that come up in real life — and in real conversations with our clients. In this post, Family Law lawyer Quinn Johnson takes on a common one: What’s the difference between separation and divorce in British Columbia? While the terms are often used interchangeably, they have very different legal meanings, processes, and implications. Quinn walks through what each one means, and why understanding the difference matters—whether you’re married or in a common-law relationship.
What is the Difference Between Separation and Divorce?
Separation and divorce in British Columbia are two different things. Separation is a legal question, meaning that the exact separation date, particularly when not agreed upon by the ex-spouses, is a question of evidence. Either spouse may initiate a Separation at any time. Sometimes this is through direct communication and sometimes it is through actions, such as moving out of the family residence. Divorce in British Columbia can only be applied for one year after separation OR earlier if there has been adultery or cruelty. Most people wait one year from separation to apply for divorce as it is much easier and generally less expensive to obtain.
However, it is important to note that the one year rule is not required to ask for child/spousal support and commence division of property.
Divorce is only necessary where the ex-spouses were married and obtaining a divorce simply allows the ex-spouses to marry someone else. Because of this, separation is often the greater focus of lawyers, where divorce only tends to become relevant once a year has passed or if an ex-spouse wants to re-marry. Once a divorce is granted, the ex-spouses have two years to bring a court action for any unresolved issues. Non-married or common-law ex-spouses have two years from the date of separation to bring a court action for any unresolved issues.
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