There is no such thing as being ‘legally separated’ in Ontario (or anywhere in Canada). You do not apply to the court to be separated. Some spouses use the term ‘legally separated’ to refer to the fact that they have a signed separation agreement settling their family law problems with one another. Having a signed separation agreement does not mean that spouses are divorced. You are married until you are granted a divorce by the court, even if you have a separation agreement. Couples can choose to go through the mediation process, come to mutually satisfactory agreements, and document all of their agreements in a Separation Agreement.