}}Separation usually signals the breakdown of a married or unmarried serious relationship. It can be one of the most traumatic stages in the conclusion of a relationship, but it a brief period of separation can also lead to reconciliation and the resumption of life together as a committed couple. Separation occurs when one or both spouses decide that their relationship is over and say so; there's no need to hire a lawyer or to seek the approval of a judge.

This section discusses the legal aspects of separation, the rules relating to about reconciliation, and some of the other issues things you may want to consider think about once you have separated or have decided to separate. The information in this section applies to ''married spouses '' and ''unmarried spouses'' — people who are legally married to each other, people who have lived together for two years or more in a "marriage-like relationship," and people who have lived together for less than two years and have had a child together.

This section will also address addresses some common questions about sex and new relationships after separation. The next first sectionin this chapter, [[Separating Emotionally]], talks about the emotional dimensions of separation and how those emotional issues can influence the resolution of the legal issues.

Although many people move out when they separate, others separate and remain living under the same roof. A physical separation Separation is not necessary to separate; there must simply be an intention to end the a turning point in a relationship and in more ways than one. Apart from the intimacies and mutual support that obvious change to what was once a committed romantic relationship usually involves, separation also triggers a number of important legal consequences.

Often *Guardians must have separated before they can ask for an order about parenting children under section 45 of the <span class="noglossary">decision</span> to separate ''[[Family Law Act]]''. Also, an agreement between guardians about parenting children is only binding if the agreement is made by both spousesafter they have separated, but it only takes under section 44 of the act.*The date of separation is the date when each spouse gets a one-half interest in all family property and becomes responsible for one spouse to decide to -half of all family debt, under section 81 of the ''Family Law Act''.*The date of separation marks the end a relationshipof the period during which family property and family debt accumulates, under sections 84(1) and 86.*An agreement about child support is only binding if the agreement is made after the date of separation, under section 148(1) of the ''Family Law Act''.*The date of separation marks the beginning of the two-year period during which unmarried spouses must begin a spouse's <span class=claim for the division of property and debt or for spousal support, under section 198(2) of the act.*The date of separation marks the beginning of the one-year period during which married spouses must live "noglossaryseparate and apart">decision</span> to end ask for a relationship doesn't require divorce on the consent basis of separation, under section 8(2)(a) of the other spouse''[[Divorce Act]]''.

Some people go to family law lawyers to get a "Because so many legal separation." Separation is accomplished, in most cases, by simply leaving issues hinge on the family home with the intention date of living separate and apartseparation, although technically speaking it isnwon't necessary be a surprise that people sometimes wind up arguing about when separation occurred. As a result, there's a good bit of case law about what constitutes "separation" and how to move figure out at allwhat date is the date of separation. Once you or your spouse has left Making things a bit more complicated, while the family home or announced that the marriage <span class="noglossary">decision</span> to separate is at an endoften made by everyone involved in a relationship, you're separated. There are no special legal documents it only takes one person to sign or file in court decide to become separatedend a relationship, and there is no such thing as a legal separation in British Columbia<span class="noglossary">decision</span> to end a relationship doesn't require the consent or agreement of anyone else.

Everyone is entitled to separate if they wish to end ===Getting a relationship, and you don't need to see a lawyer to do so; the function of the family law lawyer is to assist in the resolution of the issues arising from the breakdown of the relationship."legal separation"===

Now, Some people go to family law lawyers to be fair, what people often mean by get a "legal separation." Separation is a ''separation agreement'accomplished, in most cases, by simply leaving the family home with the intention of living separate lives, although technically speaking it isn't necessary to move out at all. This is something else altogether. A separation agreement is a contract Once you or your spouse has announced that a couple use to record their agreement about things like how the children will be cared forrelationship is at an end, how their property will be shared, and how child support and spousal support will be paidboom: you're separated. That's it. Separation agreements There are not always necessaryno special legal documents to sign or file in court to become separated, and you can't be forced to sign there is no such thing as a legal separation agreementin British Columbia.

You can find more information about separation agreements in the chapter [[Family Law Agreements]]Now, within the section [[Separation Agreements]]. You can find out more about preparing to separate in [[How Do I Prepare for Separation?]]be fair, located in the what people often mean by "legal separation" is a ''How Do I?separation agreement'' section of this resource. Look under That's something else altogether. A separation agreement is a contract that people use to record their agreement about things like how the children will be cared for, how their property will be shared, and how child support and spousal support will be paid. Separation agreements aren'Marriaget always useful, Separation & Divorcethey're not required by the law, and you can't be forced to sign a separation agreement. ===The date of separation===

Under You can find more information about separation agreements in the old ''chapter [[Family Relations ActLaw Agreements]]'', married spouses rarely argued in the section [[Agreements after Separation]]. You can find out more about when they separated. The issue was sometimes important for unmarried spouses because their ability preparing to ask separate in [[How Do I Prepare for spousal support depended on whether they started a court proceeding within one year of Separation?]], located in the date Helpful Guides & Common Questions section of separationthis resource. Look under [[JP Boyd on Family Law — How Do I?#Marriage, Separation & Divorce | "Marriage, Separation and Divorce"]].

Under the new ''[[Family Law Act]]'', the ===The date of separation has become very important for both married and unmarried spouses. ===

In generalUnder the old ''[[Family Relations Act]]'', married people rarely argued about when they separated. The issue was sometimes important for unmarried spouses because their ability to ask for spousal support depended on whether they started a court proceeding within one year of the date of separation will have . Under the following effects:new ''[[Family Law Act]]'', however, the date of separation has become very important for both kinds of spouses.

*Each spouse becomes entitled to a half-interest in all family propertyIn general, whether that property is owned jointly or in the name of the other spouse only.*The spouses each become responsible (as between the spouses) for one half of family debts.*Any property either spouse obtains after the date of separation is their own separate property, and not family property.*Any debt either spouse incurs after the date of separation is that spouse's sole responsibility.*Unmarried (ie. common-law) spouses have two years past the ''date of separation'' to start a claim in court for division of family property, spousal support, or sharing of family debts, if they cannot otherwise agree, and*Married spouses have two years from has the date of their ''divorce'' to bring claims in court for division of family property, spousal support, or division of debts.following effects:

The [[Property_%26_Debt_in_Family_Law_Matters|Property & Debt]] chapter talks about *each spouse becomes entitled to a half-interest in all family property, whether that property is owned jointly or in the name of the other spouse only,*the spouses each become responsible for one-half of family debts,*any property a spouse gets after the date of separation is their own separate property, not family property,*any debt a spouse incurs after the date of separation is that spouse's sole responsibility, and*unmarried spouses have two years from the first four issues date of separation to start a claim in more detail; court for the division of family property, the [[Spousal Support]] chapter talks about sharing of family debt, or the last issuepayment of spousal support.

Spouses do not need to move out in <span class="noglossary">order</span> to be separated. WhatAll that's needed is for at least one spouse to reach the conclusion that the relationship is over, to say as much to the other spouseso, and then begin behaving as if the relationship really is over. That usually means stopping behaving like a couple, stopping sleeping together, stopping doing chores and tasks for each other, stopping going out together and so on. Section 3(4) of the ''Family Law Act'' talks about separationseparating while continuing to live together:

This is helpful, because the old ''Family Relations Act'' didn't talk about separation in any detail. However, the phrase in section 3(4)(b), "the court may consider," suggests that this section isn't a comprehensive listing complete list of things the court should considerwhen deciding when separation happened, and the cases about separation are still very helpful. Here are some of the highlights:

<blockquote>''[http://canlii.ca/t/gwfq9 Herman v. Herman]'', Nova Scotia Supreme Court, 1969 CanLII 839 (NS SC):</blockquote>

<blockquote><blockquote>"[A]s long as the spouses treat the parting or absence, be it long or short, as temporary and not permanent, the couple is not living separately even though physically it is living apart. In <span class="noglossary">order</span> to come within the clear meaning of the words 'separate and apart' in the statute, there must need be not only a physical absence one from the other, but also a destruction of the consortium vitae or as the act terms it, marriage breakdown."</blockquote></blockquote>

<blockquote>''[http://canlii.ca/t/g1493 Rowland v. Rowland]'' , Ontario Supreme Court, 1969 CanLII 500 (ON SC):</blockquote>

<blockquote><blockquote>"[T]he words 'living separate' connote an attitude of mind in the spouses in which they regard themselves as withdrawn from each other."</blockquote></blockquote>

<blockquote>''[https://canlii.ca/t/j7cf0 McDorman v. McDorman]'' (, New Brunswick Supreme Court, 1972), 11 R.F.L. 83 (NBSC):</blockquote>

<blockquote><blockquote>"While the mere living separate and apart of the spouses may not be conclusive of the fact that there has been a permanent breakdown of the marriage, especially in cases where the separation may have been brought about … ... by enforced hospitalization … ... all of the circumstances accompanying such separation must be considered in determining whether or not it has in fact led to a permanent marriage breakdown."</blockquote></blockquote>

<blockquote>''[http://canlii.ca/t/g161p Lachman v. Lachman]'' , Ontario Court of Appeal, 1970 CanLII 477 (ON CA):</blockquote>

<blockquote><blockquote>"A marital relationship is broken down when one only of the spouses is without the intent for it to subsist."</blockquote></blockquote>

It's important to know that the Canada Revenue Agency has its own definition of separation, and requires people to have lived separate and apart for 90 days before considering it considers them to actually be separated; once the . Once that 90-day period is over, the date of separation is the date the couple first began to live separate and apart.

===Being separated while living togetherSeparation and divorce===

It Under section 8(1) of the ''[[Divorce Act]]'', there is possible to separate and remain living under only one reason, or ''ground'', why the same roof as your spousecourt can make a divorce order: marriage breakdown. People sometimes do this when they simply cannot afford to make ends meet while maintaining separate homes or when neither spouse wants Under section 8(2), there are three ways to leave the home and the children.prove that a marriage has in fact broken down:

In <span class="noglossary">order</span> for the courts to recognize this form of separation as a separation, *the spouses must live as if they have completely ended the romantic aspect of their relationship. This usually includes sleeping in separate beds in separate rooms, opening "lived separate bank accounts and closing joint accountsapart for at least one year, separately performing household chores like laundry and cooking, not going out as a couple"*one of the spouses has committed adultery, and so on. Either way, *one of the spouses has treated the other with such mental or physical cruelty that the spouses must stop behaving as if they are a couplecan't continue to live together.

Because Almost all claims for divorce in Canada are based on separation. It doesn't imply that one spouse did anything bad or was more responsible for the date end of separation can sometimes be hard to pin down when separated spouses continue to live under the same roofrelationship than the other spouse. Claims for divorce based on adultery or cruelty, on the other hand, do exactly that. As a result, if it can be very helpful to make some sort of record of winds up taking a year or more from the date that of separation occurred. Sending for the court to hear and decide a letter claim for divorce based on adultery or email to your spouse to confirm cruelty, the court will often grant the divorce on the basis of separation might be a good idea; make sure you keep a copyinstead.

===DesertionSeparation and children===

This ground for divorce has been abolished. Instead, Under section 839(1)(2)(a) of the ''Divorce [[Family Law Act (Canada)]]'' allows either spouse to apply , a parent is a guardian of their child while the parents live together, and the parents remain guardians after separation.  Separation can be extraordinarily difficult for a divorce on children. In most registries of the ground that Provincial Court, parents are required to attend the spouses have been living separate [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/pas Parenting After Separation Course]. This program, which is <span class="noglossary">brief</span> and apart for at least a yearfree, teaches parents how to communicate with one another after separation and how to talk to their children about separation. It is an extremely useful course, and one that there I think all separating parents should take. You can find more information about this program and other issues relating to children and separation in the chapter entitled [[Children and Parenting after Separation]], in the section [[Parenting after Separation]]. Separation is no chance , of course, also difficult for the adults who are separating. You can find more information about the emotional dimensions of separation in the [[Separating Emotionally]] section of reconciliationthis chapter.

===Separation and children=Reconciliation==

Under section 39(1) of the ''Family Law Act''For some people, separation is it. Their relationship is irrevocably over. For others, a parent period of separation is a guardian of their child both while the parents live together time for renewing trust and rebuilding intimacy, and can be a healthy break that rejuvenates and they remain guardians even after separationrevitalizes a relationship.

Separation can be extraordinarily difficult on children. In most registries of the Provincial Court, couples are required to attend a Parenting After Separation program. This program, which is <span class="noglossary">brief</span> and free, teaches parents how to communicate with one another after separation and how to talk to their children about separation. It is an extremely useful program, and one which I encourage all separating parents to take. You can find more information about this program and other issues relating to children and separation in the chapter entitled [[Children in Family Law Matters|Children]], in the section [[Parenting after Separation]].==The ''Divorce Act''===

Separation isThe ''[[Divorce Act]]'' actually tries to discourage divorce, believe it or not. There are a few parts of course, also difficult for the adults who are separatingact that promote reconciliation to help married spouses stay together. Section 7. You can find more information 7 requires lawyers to talk to their clients about the emotional dimensions of separation in the next section of getting back together and says this chapter, [[Separating Emotionally]].:

For some couplesUnder section 10, a period of separation does not sound the death knell for their relationship. For some, a period of separation can be a time for rebuilding a relationship and can become court is required to pump the brakes on a healthy break that rejuvenates and revitalizes divorce claim if it thinks reconciliation is a marriage.possibility:

===Married <blockquote><tt>(2) Where at any stage in a divorce proceeding it appears to the court from the nature of the case, the evidence or the attitude of either or both spouses===that there is a possibility of the reconciliation of the spouses, the court shall</tt></blockquote><blockquote><blockquote><tt>(a) adjourn the proceeding to afford the spouses an opportunity to achieve a reconciliation; and</tt></blockquote></blockquote><blockquote><blockquote><tt>(b) with the consent of the spouses or in the discretion of the court, nominate</tt></blockquote></blockquote><blockquote><blockquote><blockquote><tt>(i) a person with experience or training in marriage counselling or guidance, or</tt></blockquote></blockquote></blockquote><blockquote><blockquote><blockquote><tt>(ii) in special circumstances, some other suitable person,</tt></blockquote></blockquote></blockquote><blockquote><blockquote><tt>to assist the spouses to achieve a reconciliation.</tt></blockquote></blockquote>

The Other parts of the ''[[Divorce Act]]'' contains a number talk about the effect of provisions intended trying to discourage divorce and encourage reconcile on the calculation of the one-year period that spouses must live apart to remain togetherget a divorce on the basis of separation. Section 8(3)(b) of the act provides says that:

<blockquote><blockquote><tt>(b) A period during which spouses have lived separate and apart shall not be considered to have been interrupted or terminated</tt></blockquote></blockquote><blockquote><blockquote><blockquote><tt>(i) by reason only that either spouse has become incapable of forming or having an intention to continue to live separate and apart or of continuing to live separate and apart of the spouse's own volition, if it appears to the court that the separation would probably have continued if the spouse had not become so incapable, or</tt></blockquote></blockquote></blockquote><blockquote><blockquote><blockquote><tt>(ii) by reason only that the spouses have resumed cohabitation during a period of, or periods totalling, not more than ninety days with reconciliation as its primary purpose.</tt></blockquote></blockquote></blockquote>

In other words, a married couple may attempt to reconcile and can resume a cohabiting relationship for a maximum of 90 days without stopping the clock on separation as a ground of reason for a divorceorder. If a couple have lived together for more than 90 days since the first separation, the one-year clock will start again at the end of the last period in which they lived together as a married couplespouses.

The 90 days needn't be consecutive in <span class="noglossary">order</span> to stop the clock. If you are claiming separation as the ground of reason for your divorce, you cannot have resumed your relationship with your spouse for a ''total '' of 90 days within the one-year period of separation.

===Unmarried spousesThe ''Family Law Act''===

Because unmarried couples don't need to get divorced, the ''[[Family Law Act]]'' has no similar provisions doesn't talk about divorce, it also doesn't talk about separation and attempts at reconciliation, except in relation to reconcile. The one exception to this general rule has to do with the division of propertyand debt under Part 5 of the act. Section 83(1) says this:

<blockquote><tt>(1) For the purposes of this Part, spouses are not considered to have separated if, within one year after separation, </tt></blockquote>

These provisions are important because the date of separation is the date when new property and new debt stop being shared family property and family debt and start being each spouse's separate property and debt. The general effect of this section is to reset the date of separation when spouses have resumed living together, so that the date that family property and family debt stop accumulating is moved to the next time the spouses separate. However, if the spouses have made an agreement or got an order about the division of property between the date they first separated and the date they reconciled, that agreement or order is still good.

Once you've separated, there a number of things you may want to do, change, or adjust to reflect the your new circumstances of your relationship with your spouse. In general, you need to protect your privacy and safeguard your financial interests.

Credit cards, loans, and lines of credit can often be capped by telling the bank to make the accounts ''deposit only''. This will mean that no more withdrawals can be made and the only transactions that can take place are deposits. You could also tell the bank to reduce the credit limit on any joint debts to the current balance on the those <span class="noglossary">accountaccounts</span>.

===Jointly -owned real estate===

Most spouses own real estate as “joint tenants”tenants. " The essential feature really important aspect of this type of joint ownership is that if one of you the joint owners dies, then the surviving party will owners continue to own the entire property. This is different from the other type of joint ownership, a "tenancy in common." When a joint owner who is a tenant in common dies, their share of the property goes to their estate to be distributed according to their Will.

The ''[[Family Law Act]]'' says that when you separateon the date of separation each spouse is entitled to their share of the family property and responsible for their share of the family debt, you and your spouse each have an interest in that the spouses take their the other’s share shares of the ownership family property as a tenant ''tenants in common''. Of course, but the Land Title office does not and Survey Authority doesn't know you have 've separated. How your title is legally registered will not automatically change as a result because of your separation.

There are reasons both for and against keeping the ownership of any jointly-owned property registered as joint tenants. If You should get advice from a family law lawyer if you do not want to risk the have jointly-owned property becoming entirely owned by your spouse . You should see a real estate lawyer for help in case of your death, then changing the way that you can change the type of ownership by transferring your interest to yourself. This change must be registered with own the Land Title Officereal estate.

===Spouses have certain rights under the ''[http://canlii.ca/t/8mhj Wills===, Estates and Succession Act]'' that change following separation. Among other things, they stop being "spouses" for the parts of the act that talk about how someone's property is distributed if they die without a will and any gifts that are made to a spouse in a will are cancelled.

If you separate and your spouse dies, you cannot rely on your spouse's will. Unless the Will says otherwise, any gift or appointment the deceased spouse made to you is revoked at the date of your separation. If you want to make a claim to property owned by your spouse's estate, or ask for child support or spousal support from your spouse's estate, then you must 'll have to sue your spouse's estate under the ''[http://canlii.ca/t/8q3k [Family Law Act]'' and the ''[http://canlii.ca/t/7vbw Divorce Act]''.

If you've separated but you still want your spouse to receive a gift or appointment through in your Will, you must update your Will and specify that the gift or appointment should proceed be made even after your separationthough you've separated. You should see a wills and estates lawyer for help in making or changing a Will.

You should see a wills ===Powers of attorney and estates lawyer for help in making or changing a will.other authorizations===

===Powers Unless a power of attorney was written to say otherwise, under the ''[http://canlii.ca/t/849l Power of Attorney Act]'', any power of attorney made by you and other authorizations===your spouse terminates on the date of your separation. However, if you want to be sure that your power of attorney has been terminated, you should: #revoke the power of attorney in writing;#deliver a copy of the revocation to all financial institutions where you have an account, and#deliver a copy of the revocation to your spouse and to anybody else you have appointed as your attorney.

Unless the power of attorney was written to say otherwise, the ''[http://canlii.ca/t/849l Power of Attorney Act]'' says that any power of attorney made by you and your spouse terminates when your marriage or marriage-like relationship ends. No matter what your relationship status is, if you want to be sure that your power of attorney has been terminated, you need to prepare a written revocation and deliver a copy to all financial institutions where you have an account, as well as a copy to your spouse and anybody else you have appointed as your attorney. (Always keep records of your revocation, and how and when you delivered the revocation. !) If you do still want your former spouse to be able to act as your attorney after you separate, then however, you should must prepare a new power of attorney to make sure that they have a valid power of attorney.

If You should speak with a wills and estates lawyer if you wish to revoke an existing power of attorney or other authorization or to create a new one, you should speak with a wills and estates lawyer to have the proper documents drawn up.

For most people, maintaining spousal benefits costs little or nothing. If that's the <span class="noglossary">case</span>, consider leaving your spouse's coverage in place for as long as your plan allows; it will 'll appear rather mean-spirited if you cancel your spouse's benefits. Whatever you do, don't cancel the children's benefits!

When you separate, make sure you take with you or secure make copies of the following items:

*your passportIf you have children,, consider taking or securing their birth certificates and passports.

You may also wish to take a fair share, half or less than half, of the household property such as the children's clothing, the furniture, and your personal effects. However, I would really encourage you to think twice about this and proceed with caution. Yes, the odds are quite good that half the common household property is yours, but the last thing you want to do after separation is to ramp up the tension any further. If you absolutely cannot live without the dish sethave children, then take the dish set, but otherwise it may be best to leave the dish set at home. Nothing looks worse than the spouse who takes half the glasses, half the cutlery, half consider taking or making copies of a dining room suite, their birth certificates and half of the living room furniturepassports too.

You may also wish to take a fair share &mdash; half or less than half &mdash; of common household property such as the children's clothing, the furniture, and your personal effects. However, it's really important that you proceed with caution. Yes, the odds are quite good that half the household property is yours, but the last thing you want to do after separation is to ramp up the tension with your ex any further. If you absolutely cannot live without the dish set, then take the dish set, but otherwise it may be best to leave the dish set at home. Nothing looks worse than the spouse who takes half the glasses, half the cutlery, half of a dining room suite, and half of the living room furniture. Now, this the following may seem a bit pessimistic, but you should also take make a list of all of the property your spouse owns in their own name and of all the things the two of you own jointly. A detailed list, including balances and account numbers and serial numbers, would be ideal, but even something as simple as a list of the financial and other institutions you and your spouse deal with will do. You can collect that information by writing down the names and addresses of the people who are sending your spouse statements; you don't even have to open the envelopes, which is something you should probably avoid in any event. This information could prove invaluable if you wind up in an <span class="noglossary">argument</span> about who owns what or about the extent of the family property and family debt. ===Personal privacy=== You should also change the passwords or access privileges for your: *smartphone, smartwatch, tablets, computers and other devices,*home wifi router and personal hotspots,*home security and surveillance systems, especially security cameras, electronic doorbells and electronic locks,*wifi-enabled appliances, fixtures and outlets,*internet, cable and telecommunication service providers,*email accounts, social media accounts and gaming accounts, *subscription-based accounts, like Netflix, Spotify and Crave, and*business accounts and services, including electronic banking, credit card and money transfer services, accounting and bookkeeping software, and communication and conferencing services. You may also want to disable any location-sharing options or services that may be available for your smartphone, smartwatch and car, or be built-in to your social media accounts.

A lot of readers people have questions about the consequences of sex after separation. The discussion that follows is about sex with spouses, sex with people other than spouses, new relationships, and how a married spouse person can be find themself in a an unmarried spousal relationship with someone else while still being married.

There are, generally speaking, no legal consequences to having sex with your spouse after you've separated. While it might cause some emotional difficulties — &mdash; such as prolonging the amount of time it takes to recover from a relationship that's broken down — &mdash; there is 's nothing legally wrong with having sex with your spouse. Most people would say that there's nothing morally wrong with it either.

Having sex with your spouse after separation will not have an impact on how the care of the children is managed, the amount of child support to be that is paid, whether spousal support should be paid, or how your property and debt should be divided. The court does not look into this sort of conduct in determining these issues.

Just like having sex with your spouse after you've separated, there's nothing wrong with having sex with someone ''else '' after you've separated. (In fact, that may be a much better idea than having sex with your ex.) Separation is partly defined as leaving a spouse with the intention of ending the relationship. Once you've separated, the court will consider the romantic, marriage-like aspect of the relationship to have concluded, and your obligation to remain monogamous faithful along with it. Married spouses wonaren't be divorced until they get a court order, of course, but , after separation , the marital aspects of their relationships, and the attendant expectations of monogamy, will be considered to be at an end.

Having sex with someone else will not have an impact on how the care of the children should be managed, the amount of child support to be that is paid, whether spousal support should be paid, or how the family your property and debt should be divided. The court does not consider this sort of conduct in determining these issues.

Adultery is a problem only an issue for married spouses. Technically speaking, it is in fact adultery to have sex with anyone other than your spouse for so long as you are married. You will , even if you're separated, and you'll remain married until you have obtained an order for your divorce.

While However, while having sex with someone else might constitute adultery, the court will not won't care whether you've committed adultery after you've separated or not. As far as the courts are concerned, if your relationship is over, go ahead and do what you like. No one apart from your ex and or your in-laws is likely to criticize you for it.

You cannot sue for divorce based on your own adultery. Now, if it's ''your spouse '' who has had sex with someone other than you following separation, you can use their adultery to get ask for a divorce order as long as you haven't already claimed a for divorce for another reason like separation.

New romantic relationships are treated in exactly the same way as new sexual relationships: the courts will not normally be concerned with a new relationship unless your new partner could is somehow be seen as a genuine risk to the children.

Entering into a new relationship will not usually have an impact on how the care of the children should be managed and the amount of or on how much child support to should be paid, and it will never may or may not have an impact on whether spousal support should be paid or , and it will never change how your property and debt should be divided. The court does not look at this sort of conduct in determining these issues. Besides, most separated spouses find themselves in new relationships before they are legally divorced.

As a general rule, people you should be a bit careful about exposing the children to new relationships. It can be very confusing for kids to deal with the idea of their parents separating and then have to cope with the idea of see a parent being involved with some stranger who appears to be stepping into the shoes of the other parent.

You should take a lot of care in deciding how and when the children are introduced to your new relationships. In general, older children are more likely to understand the new relationship; relationships, while younger children are more apt to be confused by the new relationship, especially when the new person tries to "parent" the children themselves. Whether we like it or not, society teaches children a very Norman Rockwell/Hallmark Cards stereotypical view of family life: there are two parents, those parents love each other very much, and those parents are supposed to be together always. You should ask any new partner to be sensitive to these issues and to avoid presenting themselves to the children as an alternate parent.

====What if there are a lot of "new" relationships?====

Sometimes a newly separated spouse feels the need to go out and explore their options, so to speak, and engages will engage in a series of short-term relationships. This will be very difficult for children of all ages to deal with, if they're aware it's going on. It's one thing to have your parents' relationship break up, which is difficult enough to deal withmanage, but it's something else entirely to then be introduced to a parade of new people that a parent appears to be romantically involved with . This can be enormously confusing, and potentially lead to resentment and an alignment can encourage the children to align with the other parent.

In general, you shouldn't introduce your children to a new partner unless you are sure of the new relationship and expect to be in it for a good long while. If you're not sure about the longevity of the new relationship, be safe rather than sorry and don't introduce your children to your new partner until you're positive that the new relationship will last.

If you are 're on the other parentside of the table and are worried about your ex's dating habits, you may want to ask for an order or an agreement requiring the parent your ex to be involved in the any new relationship to be in that relationship for a certain amount minimum period of time — &mdash; say five or six months at a minimum — &mdash; before they introduce the children to the new person. That being said, while it is entirely reasonable to be concerned about the impact of the new relationship on the children, some caution is suggestedwarranted. Before you interfere with things, make sure that your concerns about the children are well-founded and are based on their interests rather than on your own emotional reaction to your ex's new relationship.

===Becoming an unmarried spouseNew spousal relationships===

Someone It's possible that a married person who is separated but still married can become a someone else's spouse in an unmarried relationship. Not everyone is in a rush to get a divorce divorced once a marriage breaks down, and some people don't get around to getting a divorce until many years have passed since they separatedafter separation.

If you are separated from your ''married spouse'', you are still married and will continue to be married to that person until you get a divorcedivorced. If you start a new romantic relationship while separated from your ''married spouse'', this your new partner can become your ''unmarried spouse'' spouse if:

*you live with the new person in a "marriage-like relationship" for more than at least two years, or *you live with the new person for less than two years but have a child with the new person. It does not matter whether you're divorced or not.

This carries some important consequences. If you find that you're married and also but in a new relationship that qualifies as a spousal relationship:

*there may be a requirement you will have to share family property and family debt with your new partner, should you separate.  These obligations are in addition to whatever obligations you have to your married spouse and any children from your marriage. <!---HIDDEN ==Further Reading in this Chapter==

* <span style="color: red;">bulleted list These obligations are, of other pages course, in this chapter, linked</span>END HIDDEN--->addition to whatever obligations you have to your married spouse and any children from your marriage.

* ''[[https://canlii.ca/t/8q3k Family Law Act]]''* ''[[https://canlii.ca/t/551f9 Divorce Act]]''

*[https://www.clicklaw.bc.ca/resource/4639 Separation & Divorce] from the Legal Services Society’s Family Law website*[https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/pas Parenting After Separation course] from the BC Ministry of Attorney General* [https://www.familieschange.ca/ Families Change] website from the Justice Education Society of BC and BC Ministry of Attorney General*[https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help Support and Resources for Dealing with Separation and Divorce] website from the BC Ministry of Attorney General ===Resources=== *[https://www.clicklaw.bc.ca/resource/1058 "Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce"] from Legal Aid BC*[https://www.clicklaw.bc.ca/resource/1126 Separation and Separation Agreements] from Dial-a-Law by the People's information page on Law School*[https://www.clicklaw.bc.ca/resource/1127 Deciding Who Will Move Out When You Separate] from Dial-a-Law by the People's Law School*[https://www.clicklaw.bc.ca/resource/1529 "Separated with Children - Dealing with the Finances: Parent Workbook"] from the Justice Education Society of BC*[https://www.clicklaw.bc.ca/resource/4126 "Coping with Separation Handbook"] from Legal Aid BC * [https://www.clicklaw.bc.ca/resource/4282 MyLaw BC Make a Separation Plan Pathway] from Legal Aid BC *[https://www.clicklaw.bc.ca/resource/2751 "Separation Agreements: Your Rights and Options"] from Legal Aid BC and West Coast LEAF *[https://www.clicklaw.bc.ca/resource/4139 Parent Guide to Separation & and Divorce]from the Justice Education Society of BC*[https://www.clicklaw.bc.ca/resource/4242 "Legal Health Checks: Breaking Up - Without Court"] from the Canadian Bar Association *[https://www.clicklaw.bc.ca/resource/4648 Going Through Separation] from Legal Aid BC *[https://www.clicklaw.bc.ca/resource/4494 "How to Separate" online course] from the Justice Education Society of BC*[https://www.clicklaw.bc.ca/resource/4760 "Ending Relationships" video] from John-Paul Boyd, QC  

{{REVIEWED | reviewer = [[JP Boyd]], 25 26 March 2020}}