Are we separated if we are living apart from each other, but have not yet sign

“Are we “separated” if we are living apart from each other, but have not yet signed a separation agreement?”

Yes. Your status as a separated spouse does not depend on whether or not you signed a separation agreement. You and your spouse are separated when you are living apart from each other, and one or both of you have made a permanent decision not to resume your life together. There is nothing in our law that requires you and your spouse to live together; therefore, there is nothing in the law that requires you to obtain permission from any authority or person to separate.

Gary Joseph and Michael Stangarone are lawyers with Toronto’s MacDonald & Partners family-law firm.