Toronto divorce numbers undercount separations, lawyers say
Official divorce figures fell in 2020, but Toronto lawyers warn separations and common-law breakups are rising and often not captured in the stats.
Copy link
By Torontoer Staff
Statistics Canada recorded a 5.6 per cent drop in divorces in 2020, but Toronto lawyers say that measure misses a large share of relationship breakups. Separations and common-law dissolutions are increasingly common, and they often do not appear in federal divorce tallies.
Ron Shulman, managing partner at Shulman & Partners, calls the published divorce rate misleading. He says many Torontonians are ending partnerships without ever filing for divorce, and that shifts the picture of how families separate in the city.
What the official numbers show
The Statistics Canada figure measures legal divorces. It does not account for couples who separate but remain legally married, nor does it capture common-law breakups. Those omissions matter in Toronto, where common-law relationships have grown among younger adults.
Statistics Canada has also reported that roughly 65 per cent of common-law relationships in Canada end in separation. That statistic suggests many relationship dissolutions are taking place outside the formal divorce system, and that the full scale of family breakdown is not reflected in divorce rates alone.
Common-law separations are increasingly significant
Julia Fogarty, an associate at Shulman & Partners, says common-law separations can be as complex as divorces, both financially and emotionally. As more millennials and younger adults choose common-law partnerships, the legal and practical implications of those breakups become more prominent.
Common law separations are increasingly common and can be just as financially and emotionally complex as a divorce,
Julia Fogarty, Shulman & Partners
Common-law partners have different rights than married couples in several areas, including property division and spousal support. That legal distinction can leave people with fewer automatic protections and require negotiation or court action to resolve assets, debt and custody.
Money drives most disputes in Toronto
Shulman says financial stress is the leading cause of relationship breakdowns in Toronto. High housing costs and the difficulty of maintaining two households mean many couples separate but continue to live under the same roof for a time.
The financial reality becomes so difficult that they simply cannot move out. So they are forced to continue living in the same house while separating, which is a very difficult thing to do, both emotionally and practically,
Ron Shulman, Shulman & Partners
The marital home is often the focal point of disputes. Couples debate whether to sell now, hold on in the hope the market improves, or have one partner buy out the other. Each option has tax, mortgage and equity implications that complicate settlement talks.
Small items, big emotions
Shulman recounts cases that range from the mundane to the surprising: arguments over kitchen knives, rugs, or other household items. These disputes reveal how emotional separation can make otherwise minor assets feel central to identity and loss.
It may sound entertaining to the reader, but I think it's very important to remember those are behaviours of a highly emotional person going through a very difficult time,
Ron Shulman, Shulman & Partners
Practical steps for people considering separation
- Get legal advice early to understand your rights, including differences between married and common-law status.
- Document finances, assets and debts before discussions begin, including property titles and mortgage details.
- Consider mediation or collaborative family law to reduce cost and emotional strain.
- Plan housing and budgeting scenarios so negotiations over the home and support can proceed with clear options.
- Seek emotional support through counselling or community resources to help manage conflict constructively.
Lawyers and family professionals recommend sorting financial and custodial matters while keeping communication channels open where possible. That approach can shorten legal disputes and ease the transition for children and other family members.
How the data should change
Experts say policy and research should better capture the full range of relationship dissolutions, not only legal divorces. Broader data would help policymakers and community services design supports that reflect how people actually separate and rebuild their lives.
Until then, Toronto residents, lawyers and service providers will continue to rely on a mix of official statistics and on-the-ground experience to understand family breakdowns. The gap between reported divorces and lived separations matters for individuals and for the services that support them.
For those facing separation, the most practical first steps are clear: know your legal status, document finances, and seek professional advice. These measures do not remove the emotional burden, but they can limit avoidable complications as people move forward.
divorceTorontofamily lawhousingrelationships
