Divorce Rate in Canada: 2025 Statistics & Trends

What Is the Current Divorce Rate in Canada?

The divorce rate in Canada stands at 5.6 divorces per 1,000 married persons as of the most recent data from 2020. This translates to approximately 0.56% of married Canadians divorcing in a single year. To put this in context, roughly 42,933 divorces were granted across the country in 2020, marking the lowest annual total since 1973.

According to Statistics Canada, this represents a 25% decline from 2019, when courts granted 56,937 divorces. While pandemic-related court closures contributed to this drop, the downward trend had already been underway for three decades. The divorce rate has fallen steadily since peaking at 12.7 per 1,000 married persons in 1991.

Canada ranks 26th among 107 countries for divorce rates, with a crude divorce rate of 2.1 per 1,000 total population. This positions Canada in the moderate range globally – neither exceptionally high nor particularly low compared to other developed nations. For context, the United States historically maintained rates near 3.2 per 1,000, while many European countries fall between 1.8 and 2.5.

Despite lower annual divorce rates, the lifetime probability of a Canadian marriage ending in divorce remains around 38-40%. This means that about two in five marriages will eventually end before their 50th anniversary, even though fewer people divorce in any given year. The distinction between annual rates and lifetime probability is important for understanding the full picture of marital stability in Canada.

How Has Canada’s Divorce Rate Changed Over 50 Years?

The history of divorce in Canada traces a dramatic transformation in both law and social attitudes. Before 1968, obtaining a divorce required petitioning Parliament directly through a private Act. Couples had to publish their intent in the Canada Gazette and two local newspapers for six months, with no guarantee of approval. The process was expensive, time-consuming, and available only to those with substantial resources.

Parliament passed the Divorce Act in 1968, establishing a more accessible court-based system. This landmark legislation made divorce available through provincial courts, dramatically reducing both cost and complexity. The number of divorces began rising immediately as couples who had been trapped in unhappy marriages could finally separate legally.

The 1986 amendments to the Divorce Act further streamlined the process by reducing the mandatory separation period from three years to one year and establishing marriage breakdown as the sole grounds for divorce. This effectively created a no-fault divorce system in Canada. Couples could divorce after one year of separation, or immediately if they could prove adultery or cruelty.

These legislative changes produced a sharp increase in divorces through the late 1980s and early 1990s. The rate peaked in 1987 at nearly 98,000 divorces annually. However, since reaching its high point in 1991, the divorce rate has declined consistently. The average duration of marriage before divorce has held relatively steady at about 15.3 years, suggesting that marriages don’t necessarily last longer – there are simply fewer of them to begin with.

Why Is the Divorce Rate Declining in Canada?

The declining divorce rate reflects several interconnected social and economic trends. Fewer Canadians are getting married in the first place, with many choosing common-law relationships instead. Since common-law separations aren’t counted in divorce statistics, the apparent decline partly represents a shift in relationship structures rather than increased marital stability.

Canadians also marry later in life compared to previous generations. The average age at marriage has risen to about 30 years old, up from the mid-20s in earlier decades. Research consistently shows that couples who marry after age 25 have significantly lower divorce rates than those who marry younger. Greater emotional maturity, financial stability, and clearer life goals all contribute to more stable marriages.

Economic factors play a substantial role in both marriage and divorce decisions. The cost of divorce in Canada has increased substantially, with contested divorces often exceeding $20,000 in legal fees. The 2021 Canadian Lawyer survey reported that the national average for an uncontested divorce reached $1,860, while contested cases averaged $20,625. If the dispute proceeds to trial, additional fees can range from $19,087 to $43,481 depending on trial length.

Financial pressure may keep some unhappy couples together simply because they cannot afford to separate. Housing costs in major Canadian cities have soared, making it difficult for one household to split into two separate residences. Child support and spousal support obligations create additional financial burdens that some people aren’t prepared to shoulder.

The COVID-19 pandemic created unique pressures on relationships while simultaneously reducing access to divorce services. Court closures and reduced capacity for in-person proceedings created significant delays in processing divorce applications. The pandemic also forced many couples to spend unprecedented amounts of time together under stressful conditions, though whether this strengthened or strained relationships likely varied widely.

The 2021 Divorce Act Amendments: What Changed?

The 2021 amendments to Canada’s Divorce Act introduced the most significant changes to family law in over 30 years, though their full impact on divorce rates won’t be clear for several more years. The new legislation replaced outdated terminology like “custody” and “access” with more collaborative language focused on “parenting time” and “decision-making responsibility.” This shift reflects a modern understanding that children benefit from maintaining relationships with both parents after separation.

The amendments also introduced mandatory consideration of family violence in custody decisions and created a framework for addressing parental relocation disputes. Perhaps most significantly for divorce timelines, the changes streamlined administrative procedures and encouraged the use of family dispute resolution mechanisms like mediation before proceeding to court.

What Are the Main Reasons People Divorce in Canada?

Statistics Canada last documented the legal grounds for divorce in 2005. That data showed that 94.78% of divorces (67,526 cases) were no-fault divorces based on one year of separation. About 3% cited adultery, 1.2% cited mental cruelty, and 0.8% cited physical cruelty. Ontario’s figures aligned closely with national averages, while Alberta showed slightly higher rates of fault-based grounds.

These legal grounds tell only part of the story. The actual reasons marriages break down extend far beyond what couples cite in court documents. A 2014 Bank of Montreal poll identified money issues as the leading cause of conflict for 68% of couples, followed by infidelity at 60% and family disagreements at 36%. The survey revealed that 37% of men and 36% of women believed their spouses overspent, highlighting financial stress as a primary source of marital tension.

Mental health professionals who work with divorcing couples report several common patterns beyond the official statistics. Lack of compatibility often surfaces as couples realize they share few common interests or values. Different attitudes toward money – how much to earn, spend, save, and share – create ongoing friction that many couples can’t resolve. Communication breakdowns characterized by unproductive arguing, dishonesty, withdrawal, or stonewalling gradually erode the relationship’s foundation.

Power struggles and unclear role expectations contribute to chronic conflict without resolution. Many couples lack the tools to work through disagreements constructively, leading to resentment that builds over years. Infidelity, whether emotional or physical, often represents a symptom of deeper problems rather than an isolated event. Loss of intimacy – both physical and emotional – can leave partners feeling more like roommates than spouses.

Some marriages end because they began for the wrong reasons. Couples who married very young or entered marriage under external pressure face unique challenges. Others struggle when mental or physical illness changes the dynamics of the relationship. Addiction problems affect not only the person struggling with substance abuse but their entire family. Abuse of any kind – physical, verbal, emotional, or financial – makes the relationship untenable.

Divorce Rates by Age Group: The Rise of Grey Divorce

Age-specific divorce rates reveal a striking generational divide. The highest divorce rates consistently appear among those aged 40-44, with rates declining sharply for younger and older age groups. However, the trend lines tell different stories across age brackets.

Younger age groups have seen dramatic decreases in divorce rates since 2016. For example, the divorce rate for couples aged 40-44 dropped 36% between 2016 and 2020. Meanwhile, divorce rates for those aged 50 and older declined more slowly. The rate for couples aged 55-59 decreased only 27.7% over the same period, compared to steeper drops among younger couples.

This pattern has brought increased attention to grey divorce – the phenomenon of couples divorcing after age 50. While still representing a smaller portion of total divorces, grey divorces have become proportionally more common. Several factors contribute to this trend. People over 50 today are healthier and expect to live longer than previous generations, creating more incentive to leave unhappy marriages rather than endure them for another 20-30 years.

The stigma surrounding divorce has diminished substantially, particularly among baby boomers who came of age during the social upheavals of the 1960s and 1970s. Financial independence, especially among women, makes divorce more feasible later in life. Many women who stayed in marriages when their children were young feel free to pursue divorce once kids leave home.

Grey divorce presents unique challenges that younger couples don’t face. Dividing retirement savings and pensions becomes complex when both parties are nearing or in retirement. Home equity accumulated over decades must be split, often requiring one or both parties to downsize. Health insurance, social connections, and established routines all face disruption at a life stage when starting over feels more daunting.

How Much Does Divorce Cost in Canada?

The financial cost of divorce varies dramatically based on whether couples can reach agreement. An uncontested divorce – where both parties agree on all major issues – typically costs between $1,500 and $3,500 in Ontario when using a lawyer. Some law firms offer flat-rate packages starting around $1,860 nationally for straightforward cases. Couples who handle paperwork themselves can reduce costs to just the court filing fees, though this approach requires confidence in navigating legal procedures.

Contested divorces tell a different financial story. Even relatively simple contested cases often generate $7,500 to $15,000 in legal fees. Complex disputes involving children, significant assets, or lengthy trials can easily exceed $30,000. If the case proceeds to trial, additional fees accumulate based on trial length, with costs ranging from roughly $19,000 for a short trial to over $43,000 for extended proceedings.

Court filing fees add $669 in Ontario, payable in two installments ($224 when filing, $445 before finalization). Other provinces charge similar amounts. Couples can request fee waivers based on income, potentially reducing costs to minimal processing fees for those who qualify. An official Certificate of Divorce costs an additional $25 if needed for remarriage purposes.

Beyond basic divorce costs, couples often require related legal services. Separation agreements cost between $5,463 and $7,014 depending on whether children are involved. Child custody and support agreements average $2,236, while spousal support agreements run about $6,274. Motion to Change applications, needed to modify existing orders, cost approximately $6,863. These figures represent national averages, with costs varying by location and firm size.

Low-income individuals should explore how to apply for Legal Aid Ontario to access financial assistance for legal representation. Legal Aid can significantly reduce or eliminate legal fees for those who qualify based on income and asset tests.

Divorce Rates by Province and Gender

Provincial divorce rates show significant geographic variation. As of the 2016-2020 data, Yukon maintained the highest divorce rate at 13 per 1,000 married persons. Nunavut recorded the lowest rate at 2 per 1,000. Ontario experienced a particularly dramatic decline from 7.1 divorces per 1,000 in 2019 to just 4.4 in 2020, likely reflecting pandemic-related court disruptions combined with the longer-term downward trend.

Gender Differences in Divorce Patterns

The 1968 Divorce Act eliminated the double standards that previously existed under English matrimonial law. Before that reform, husbands could sue for divorce based solely on adultery, while wives had to prove adultery plus additional grounds. Modern Canadian law applies the same standards to both spouses, with marriage breakdown recognized as the sole grounds for divorce regardless of gender.

Statistics from 2017 reveal subtle gender differences in divorce patterns. Women showed a slightly higher divorce rate than men overall – 8.6 versus 8.4 per 1,000 married persons. However, examining specific age groups reveals more interesting patterns. Among those under age 20, men actually filed for divorce more often (4.1 rate) than women (3.0 rate). For age groups between 20 and 34, women initiated divorce more frequently, with an average rate of 13.27 compared to 11.4 for men. The pattern reverses for people over 50, where men show consistently higher divorce rates than women.

These statistics only capture legal divorces among married couples. They exclude people who separate without formally divorcing and those ending common-law relationships. When including these broader categories, separation and divorce become more common among older married women than men, while separation in common-law relationships occurs more frequently among older men than women.

Starting a New Relationship After Divorce

Canadians aged 35-64 typically move on to new relationships relatively quickly after divorce or separation. Men enter new relationships after an average of 4.5 years, while women wait slightly longer at 4.8 years. These timelines suggest most people eventually find new partners rather than remaining single indefinitely.

More than a quarter (26%) of Canadians in a marriage or common-law union are in their second or subsequent relationship – representing about 2.86 million of the 11 million people in committed partnerships. Of those 2.6 million in subsequent relationships, 36% live common-law rather than marrying. Interestingly, 46% are married but started as common-law partners before formalizing the relationship. Only 18% went directly into marriage without first cohabiting.

The good news: subsequent relationships tend to last. About 56% of remarried couples and nearly one-third (32%) of common-law partners have children with their current partner, indicating long-term commitment and family building. Roughly half of these relationships last more than a decade together, suggesting that many people successfully build stable partnerships after divorce.

Demographic factors influence who enters subsequent relationships. Canadian-born individuals show higher rates (31%) of remarriage or new common-law unions compared to foreign-born people (13%). Regional patterns also emerge, with Quebec residents more likely (36%) to form subsequent relationships than residents of other provinces. In Ontario, only 19% of divorced people enter new partnerships.

Common-Law Separation in Canada: The Hidden Statistics

While divorce statistics dominate headlines, they tell only half the story of relationship breakdown in Canada. As of 2021, 22.7% of Canadian couples live in common-law unions – the highest proportion among G7 countries – yet their separations never appear in official divorce data. This represents roughly 2.3 million relationships that could end without being counted in divorce statistics.

The legal implications of common-law separation vary dramatically by province, creating significant confusion for couples who assume their rights mirror those of married spouses. In Ontario, common-law partners have limited property rights compared to married couples. There’s no automatic 50/50 split of assets acquired during the relationship, and the family home receives no special protection. However, common-law partners may qualify for spousal support under the Family Law Act if they’ve cohabited for three years or have a child together.

Quebec maintains the most restrictive regime, offering common-law partners (conjoints de fait) almost no property or support rights upon separation, regardless of relationship length. British Columbia and Manitoba take more generous approaches, granting common-law partners who meet certain time thresholds nearly the same rights as married spouses for property division and support.

The lack of official statistics on common-law separations creates a blind spot in understanding Canadian relationship trends. While we know that divorce rates have declined to 5.6 per 1,000 married persons, we have no comparable figure for common-law separation rates. The General Social Survey provides some insight, suggesting common-law unions are less stable than marriages on average, with separation occurring more frequently in the first five years.

For individuals in common-law relationships considering separation, understanding your provincial rights is essential. Unlike divorce, which follows federal law, common-law separation rights depend entirely on provincial legislation. Consulting with a family lawyer early can help you understand what you’re entitled to and what you need to protect.