In Edmonton, and everywhere else in Alberta, "we're separated" and "we're divorced" often get used as if they mean the same thing. They don't. Separation is something a couple does — it's a description of how two people are living their lives. Divorce is something a court does — a formal order that legally ends a marriage.
That difference isn't just semantic. Some legal consequences start the moment a couple separates, whether or not they ever divorce. Others don't happen at all until a divorce is actually granted. Knowing which is which can matter for property, for support, and even for what happens to an existing will.
This article sets out what separation actually changes, what only a divorce changes, and which law and court apply depending on your relationship. (If a family matter is heading toward a contested court date, a related article on Alberta's Family Focused Protocol covers what that newer court process generally involves.)
How is separation different from divorce in Alberta?
Separation is a factual state — it begins the day a couple starts living separate and apart, with no form to file and no court order needed. Divorce is a court order, made under the federal Divorce Act, that legally ends the marriage; in Alberta, that order is granted by the Court of King's Bench of Alberta. A couple can be separated for years, or indefinitely, without ever being divorced, and some legal consequences attach to separation on its own while others only happen once a divorce is actually granted.
The table below sets out, at a glance, what generally changes at each stage.
| Separated | Divorced | |
|---|---|---|
| Marital status | Still legally married | Marriage is legally ended |
| Can you remarry | No | Yes, once the divorce order is granted |
| Property division | Generally sets, or is closely tied to, the valuation date under the Family Property Act; a property claim doesn't require a divorce | Often addressed around the same time, but the divorce order itself doesn't divide property |
| Support | Spousal and child support obligations can arise on separation | Support can continue after divorce; the order doesn't automatically end it |
| Your will | Generally remains valid as written; a separation of more than two years can affect who inherits under the Wills and Succession Act if you die without a will | Can automatically revoke certain provisions in an existing will naming the former spouse |
| The one-year clock | Generally the period counted toward the marriage-breakdown ground for divorce | Already satisfied — the order has been granted |
Do you have to file anything to be legally separated in Alberta?
No. There is no form, application, or court order required to be considered separated in Alberta. Separation is established by the facts — you and your spouse are living separate and apart, and at least one of you does not intend the relationship to continue.
For many separated couples in Edmonton, that comes as a relief: there's no legal step required the day you separate, and no deadline for taking one. It's also the single most common misunderstanding people bring to a first conversation with a family lawyer — separation isn't something a court grants. Divorce is.
Separation can sometimes happen even while a couple continues sharing a home, for example during a transition period. Whether spouses sharing a home are genuinely "separate and apart" depends on the facts — mainly, whether they're still functioning as a couple day to day, not simply on the address.
What is a divorce, and how is one granted in Alberta?
A divorce is a court order, made under the federal Divorce Act, that legally ends a marriage. In Alberta, it's the Court of King's Bench of Alberta that grants that order.
To obtain one, a spouse must establish that the marriage has broken down. The most common way is by showing the spouses have lived separate and apart for at least one year. The Divorce Act also allows marriage breakdown to be established through adultery or cruelty, though these grounds are relied on far less often and involve their own considerations beyond the scope of this article.
Because the one-year separation ground is by far the most common route, separation and divorce often get treated as one event. They aren't. Separation is generally when that one-year clock starts running. Divorce is what happens later, once a court actually grants the order.
Can you stay separated without ever getting divorced?
Yes. Nothing requires separated spouses to divorce, and there's no deadline by which a divorce must be sought. Many people remain separated indefinitely, for personal, religious, or practical reasons — including simply not needing or wanting to remarry.
Remaining separated without divorcing means the marriage continues to exist as a legal fact, even where the relationship has ended in every practical sense. That has real consequences, covered below — particularly for an existing will, and for timing if a divorce is later pursued.
What changes the moment you separate, even before any divorce?
Several legal consequences can start on the date of separation itself, well before any divorce is granted.
- The one-year clock. The date of separation is generally the starting point for the one-year period most people rely on to establish marriage breakdown.
- The property valuation date. Separation generally sets, or is closely tied to, the valuation date used to divide family property under the Family Property Act — a property claim doesn't require a divorce to be brought.
- Support obligations. Spousal and child support obligations can arise on separation itself, regardless of whether or when a divorce follows.
- Your will, if you die without one. Under Alberta's Wills and Succession Act, a separation of more than two years can affect who is entitled to inherit if a person dies without a will — even where no divorce has taken place. (A companion article on wills after separation and divorce covers this in more detail.)
Separation, in other words, does real legal work on its own. None of the above requires a divorce order to matter.
What does only a divorce actually change?
Two things generally happen only once a divorce is granted — not on separation. First, a divorce legally ends the marriage, which is what allows either spouse to remarry; separation alone never does this, no matter how long it lasts. Second, under Alberta's Wills and Succession Act, a divorce can automatically revoke certain provisions in an existing will that name the former spouse. Separation alone generally does not have that effect.
That second point tends to surprise people. A couple can be separated for years, with a will still naming the other spouse, and that will can remain valid as written the entire time — right up until a divorce is actually granted.
Which law and court apply to your situation?
Which law governs your situation depends on your relationship status, not just whether you've separated.
| Relationship | Governing law | Court(s) |
|---|---|---|
| Married spouses divorcing | Divorce Act (federal) | Court of King's Bench of Alberta |
| Unmarried parents | Family Law Act (Alberta) | Alberta Court of Justice; some matters may also be heard in the Court of King's Bench of Alberta |
| Adult interdependent partners (under the Adult Interdependent Relationships Act) | Family Law Act (Alberta) | Alberta Court of Justice; some matters may also be heard in the Court of King's Bench of Alberta |
In practice, this means people who were never married can still separate, and can still need help with parenting, support, or property — they simply never need a divorce, because there was no marriage to end. For Edmonton families, a family lawyer can confirm which court is the right venue for a specific issue. And if a matter is heading toward a contested hearing at the Court of King's Bench of Alberta, a related article on Alberta's Family Focused Protocol covers what that court's newer process generally involves.
Common questions
If we're separated but not divorced, are we still legally married?
Yes. Separation does not end a marriage. You remain legally married — including that neither spouse can remarry — until a divorce order is actually granted.
How long do we have to be separated before we can get divorced in Alberta?
Generally, at least one year of living separate and apart is the most common way to establish that a marriage has broken down. Adultery and cruelty are the other two grounds under the Divorce Act, though they're used far less often and involve their own considerations.
Does separating automatically divide our property?
No. Separation doesn't itself divide property, but it generally sets, or is closely tied to, the valuation date used under the Family Property Act, and either spouse can generally pursue a property claim without being divorced first.
Can we still be considered separated if we're living in the same house?
Sometimes, depending on the facts. Whether spouses sharing a home are genuinely "separate and apart" generally turns on whether they're still functioning as a couple day to day, not simply on the address. A family lawyer can help assess specific circumstances.
Practical takeaway
Separation and divorce are not the same event, and they don't happen on the same timeline. Separation is a fact: it begins the day you start living separate and apart, with no form and no court order required. Divorce is a court order under the federal Divorce Act, granted by the Court of King's Bench of Alberta, that legally ends the marriage. Some consequences — the one-year clock, the property valuation date, support obligations — can start on separation alone. Others, like the ability to remarry and certain will-revocation rules, happen only once a divorce is actually granted.
This article is general information only and is not legal advice. If you are separating, considering divorce, or unsure how these rules apply to your situation, speak with a family lawyer in Edmonton or elsewhere in Alberta about your specific circumstances. Reading this article, or contacting our office, does not on its own create a lawyer-client relationship.