The term silent divorce is gaining attention as more couples choose to separate in practice but avoid formally ending their marriage. In a recent appearance on The Shift with Patty Handysides, Christopher Yu, Partner at Shulman & Partners LLP, discussed what this arrangement means and why it can create serious legal uncertainty. While a quiet separation may feel simpler in the moment, especially when things are amicable, the legal consequences can linger for years. The discussion focused on how unresolved rights and obligations under Ontario law can affect property, support, estates, and even new relationships.
“On this specific issue of silent divorce, particularly if things are amicable at the time, my advice would be keep things amicable but wrap things up. Get a separation agreement done. Use that equity you have when you’re on good terms to agree who is keeping what and whether anybody is paying support.”
— Christopher Yu, Partner, Shulman & Partners LLP
In the interview, Christopher explained that a silent divorce refers to a situation where a couple agrees their relationship is over but does not formally address the legal aspects of separation or divorce. This can happen after decades of marriage. Some couples live separately, while others continue sharing the same home for financial or practical reasons. They may live largely independent lives and even begin seeing other people, yet remain legally married.
There are many reasons couples avoid taking legal steps. Some are uncomfortable announcing a separation to family and friends. Others have religious concerns about divorce. For many, the disruption to finances and daily life feels overwhelming. When things are peaceful, it may seem easier to leave the legal paperwork untouched.
However, Christopher emphasized that remaining legally married means rights and obligations under the law continue. The risk may not be obvious at first. As he explained, the issue often arises later, particularly when new relationships are introduced or when one spouse passes away. In Ontario, dependent support claims under succession law can involve multiple parties, including a new partner, children, or a still legally married spouse. Even if a claim ultimately fails, the litigation process can take years and create significant emotional and financial strain.
Christopher also referenced cases involving life insurance beneficiary designations and estate disputes that reached the Supreme Court of Canada. These situations highlight how failing to formally resolve a prior marriage can create unexpected consequences. The introduction of a new spouse or partner can complicate estate planning and expose families to uncertainty that might have been avoided.
Debt and ongoing financial responsibility can also remain in play, depending on the facts. Without a clear agreement, questions about support, property division, and obligations may resurface long after a couple believes they have moved on.
For couples whose separation is amicable, Christopher’s advice was practical. Use the period of cooperation to finalize a separation agreement. Clearly outline who keeps which assets, whether support will be paid, and for how long. Many matters can be resolved outside of court. Establishing clarity and finality helps reduce the risk of future disputes and protects both parties as they move forward.
Listen to the full iHeart Radio show segment here.
This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media archive.