In Ontario (as elsewhere in Canada), the laws relating to divorce based on a adultery are governed by the federal Divorce Act, which provides that a “breakdown of a marriage is established only if the spouses have lived separate and apart for at least one year or the spouse against whom the divorce proceeding is

Is dating during separation adultery in Ontario?

Theres no straight answer to this question. Dating while legally separated may lead to complications if you choose to get a divorce. Your spouse could raise claims of adultery on that fact. In either case, it will pay off to seek legal advice before you start seeing other people while legally separated.

How does adultery affect settlements?

Adultery does not really affect the distribution of assets or the custody of children in a divorce case. Adultery does have an impact, however, in the settlement negotiations during a divorce. Adultery is also a main influence in the emotional state of each spouse, when they come to the divorce settlement negotiations.