When a marriage breaks down, it’s easy to assume that the emotional disconnect is enough to mark the end of the relationship. But in family law, intent matters. The legal date of separation isn’t just symbolic—it’s a pivotal moment that can affect property division, support entitlements, and limitation periods. A recent case from the Ontario Superior Court of Justice, Kassabian v. Marcarian, shows just how critical that date can be.
In this case, the court found that the legal date of separation was May 16, 2021—when the Wife explicitly communicated her intent to end the marriage with no hope of reconciliation.
This decision came despite the fact that the couple’s emotional and physical relationship had deteriorated years earlier, with no sexual intimacy after 2014 (except briefly in 2015). So why did the court pick 2021 and not 2014?
Because what matters legally is when at least one party clearly intends to separate and communicates that intention, as required by s. 4(1) of the Family Law Act. Emotional distance, while relevant, is not sufficient on its own.
Despite this breakdown in the marital relationship, the court found no definitive step was taken to end the marriage until the Wife’s clear communication in 2021.
The court reviewed all evidence and testimony and emphasized that separation requires both the intent to end the relationship and communication of that intent. Consulting a divorce coach, for example, wasn’t enough—the Wife didn’t follow through with legal steps or notify her Husband until much later.
On that basis, the court ruled that May 16, 2021 was the official divorce date of separation.
This ruling wasn’t just about principles—it had real financial implications:
In short, the court’s finding preserved the Wife’s legal rights—and highlights why the separation date is far more important than many spouses realize.
