Toronto Sun: The Risks of Silent Divorce - Featuring Christopher Yu, Shulman & Partners

The idea of a “silent divorce” may sound appealing for couples who have agreed to go their separate ways, but avoiding the legal steps of divorce can create serious complications down the road. In a feature with the Toronto Sun, Christopher Yu, Partner at Shulman & Partners LLP, explains why couples who separate in practice but remain legally married may be exposing themselves and their families to significant risk. With economic pressures, housing costs, and shared family responsibilities influencing how couples separate, the concept of emotionally disengaged partners continuing to live together has become more visible. However, as Christopher explains, delaying the legal process can create uncertainty around finances, estates, and future relationships under Ontario family law. 

“Things are fine until they’re not. And when you run into problems, it has massive implications.”
— Christopher Yu, Partner at Shulman & Partners LLP 

The article explores the growing conversation around “silent divorce,” a situation where couples mutually agree that their relationship is over but do not formally complete the legal steps of divorce. For many, this arrangement can appear practical. Couples may continue living in the same home, sharing expenses, or raising children together while emotionally separating. In a time of economic uncertainty and a volatile housing market, remaining under one roof can feel like the least disruptive option.

Christopher explained that while this arrangement may work temporarily, it carries significant legal risks. When spouses separate but remain legally married, their legal rights and obligations do not disappear. Instead, they continue to exist under Ontario law, which can create complex situations if circumstances change.

One major concern arises when one spouse begins a new relationship. If that spouse lives with a new partner while still legally married, the new partner may eventually qualify as a common law partner. In certain situations, this could allow the new partner to make claims against the estate if the spouse dies before the original marriage is legally dissolved. This can create conflict not only between partners but also among children and other family members.

Christopher also highlighted the broader financial uncertainty that silent divorces can create. Because the marriage remains legally intact, spouses may still face issues connected to debt, financial obligations, and shared assets. One spouse could potentially become entangled in financial decisions made by the other, including new debt or major purchases.

Other complications can arise in areas such as taxes, pensions, life insurance policies, and government benefits. Without clear legal documentation outlining each spouse’s rights and responsibilities, families may face confusion or disputes about entitlements. Retroactive spousal support claims can also become an issue. If the separation is never formally documented, disputes about financial support may surface years later, increasing the likelihood of litigation.

While silent divorce may appear to be a civil and cooperative solution, Christopher cautioned that unresolved legal relationships can eventually lead to significant conflict. Estate disputes, competing claims, and financial uncertainty can quickly turn a once amicable arrangement into prolonged legal battles.

For couples considering separation, the key takeaway is the importance of clarity. Formalizing a separation agreement or completing the divorce process can help establish clear expectations and reduce the risk of future disputes. Addressing these issues early can help protect both partners and their families as they move forward with their lives.

Read the full Toronto Sun article here (subscription may be required).

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.