Introduction
Going through a divorce is one of life's most challenging transitions. If you or your spouse live in Manitoba, understanding the legal framework that governs the process can help you make informed decisions, reduce unnecessary conflict, and move forward with confidence. This guide provides a thorough overview of divorce in Manitoba, including the legal grounds, residency requirements, property division rules, parenting arrangements, spousal support, the filing process, and what to expect in terms of timelines and costs.
Divorce in Canada is governed by the federal Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)), which applies uniformly across all provinces and territories. However, Manitoba also has its own provincial legislation — most notably The Family Property Act (C.C.S.M. c. F25) — that governs how property is divided between spouses. Together, these federal and provincial laws form the legal landscape you will need to navigate.
Grounds for Divorce
Under the Divorce Act, there is only one ground for divorce in Canada, including Manitoba: breakdown of the marriage. While there is a single ground, it can be established in one of three ways:
1. Separation for at Least One Year
The most common way to establish marriage breakdown is to demonstrate that you and your spouse have lived separate and apart for at least one year before the divorce judgment is granted. Importantly, the one-year clock does not need to have fully elapsed before you file your application — you can file at any time after separation — but the full year must have passed before a court will grant the divorce. It is also worth noting that spouses can live "separate and apart" even while residing under the same roof, provided they have genuinely ended the marital relationship.
2. Adultery
A spouse may establish marriage breakdown by proving that the other spouse committed adultery. The spouse who committed adultery cannot rely on their own adultery as a ground. If you choose to rely on adultery, you must provide sufficient evidence to satisfy the court.
3. Cruelty
Marriage breakdown can also be established if one spouse has treated the other with physical or mental cruelty of such a kind that it renders continued cohabitation intolerable. As with adultery, the burden of proof rests on the spouse making the claim.
While adultery and cruelty can technically allow a divorce to proceed without waiting one year, they require substantive proof, can increase legal costs, and may heighten conflict. For these reasons, the vast majority of divorces in Manitoba proceed on the basis of a one-year separation.
Residency Requirements
To file for divorce in Manitoba, at least one spouse must have been ordinarily resident in the province for at least one year immediately preceding the filing of the divorce application. "Ordinarily resident" means the province where you have established your regular, settled home. If neither spouse meets this requirement in Manitoba, the application must be filed in a province or territory where the residency requirement is satisfied.
Property Division
Property division in Manitoba is governed by the provincial statute, The Family Property Act (C.C.S.M. c. F25). The Act sets out a framework designed to achieve a fair and equitable division of property accumulated during the marriage.
The Basic Rule: Equal Sharing
The foundational principle is that both spouses are entitled to an equal share of the family's marital property. Marital property generally includes assets acquired by either spouse during the marriage, regardless of whose name they are in.
What Counts as Marital Property?
Marital property typically encompasses the family home, vehicles, savings accounts, investments, pensions, RRSPs, household goods, and other assets accumulated during the marriage. The Family Property Act also addresses how to treat property that was owned before the marriage, gifts, inheritances, and other excluded categories. In most cases, the increase in value of pre-marital assets during the marriage may be subject to sharing.
The Family Home
The family home receives special treatment under Manitoba law. Regardless of which spouse holds title, both spouses generally have an equal right to the family home. Neither spouse can sell or mortgage the family home without the other's consent or a court order.
Unequal Division
While equal sharing is the default, the court has discretion to order an unequal division if an equal split would be clearly inequitable, considering factors such as the length of the marriage, the financial circumstances of each spouse, and any agreements between the parties.
Debts
Debts incurred during the marriage for the benefit of the family are generally shared between the spouses in the same way that assets are divided. It is important to get a clear picture of all outstanding debts when working through property division.
Parenting Arrangements
When divorcing spouses have children, establishing appropriate parenting arrangements is often the most important — and sometimes the most contentious — aspect of the process. Under the Divorce Act, the guiding principle is the best interests of the child.
Decision-Making Responsibility
Decision-making responsibility refers to the authority to make significant decisions about a child's life, including decisions about health care, education, religion, and major extracurricular activities. The court may allocate decision-making responsibility to one parent, or both parents may share it jointly. The arrangement that best serves the child's well-being will be preferred.
Parenting Time
Parenting time refers to the time each parent spends with the child. A parenting schedule outlines when the child will be with each parent, including regular days, weekends, holidays, and vacation periods. Both parents typically have the right to request and receive information about the child's health, education, and welfare, regardless of the parenting time schedule.
Factors the Court Considers
When determining parenting arrangements and decision-making responsibility, the court considers a broad range of factors, including:
- The child's physical, emotional, and psychological needs
- The child's views and preferences, if appropriate given their age and maturity
- Each parent's willingness to support the child's relationship with the other parent
- The child's cultural, linguistic, religious, and spiritual upbringing
- The history of care for the child
- Any history of family violence
Parenting Plans
Spouses are strongly encouraged to develop a parenting plan — a written agreement that details parenting time, decision-making responsibility, communication methods, and procedures for resolving future disputes. A well-crafted parenting plan can reduce conflict and provide stability for children during and after the divorce.
Spousal Support
Spousal support (sometimes called alimony) may be awarded to one spouse during or after a divorce. Under the Divorce Act, the court considers a variety of factors, including:
- The length of the marriage
- The roles each spouse played during the marriage (e.g., one spouse may have sacrificed career advancement to care for children)
- The financial means and needs of each spouse
- The goal of promoting economic self-sufficiency for both parties within a reasonable period
Spousal Support Advisory Guidelines
While not legislation, the Spousal Support Advisory Guidelines (SSAGs) are widely used in Manitoba and across Canada to help calculate the amount and duration of spousal support. The SSAGs provide formulas based on income, the length of the marriage, and the presence of dependent children.
Agreements
Spouses can negotiate spousal support as part of a separation agreement. If they cannot agree, either party can ask the court to make an order. Spousal support can be paid as a lump sum, periodic payments, or a combination of both.
Filing Process
The general steps for filing for divorce in Manitoba are as follows:
Step 1: Determine Eligibility
Confirm that at least one spouse has been ordinarily resident in Manitoba for at least one year and that you have valid grounds for divorce.
Step 2: Prepare Your Documents
You will need to prepare and file a Petition for Divorce (or Application) along with supporting documents, which may include a financial statement, a parenting plan (if applicable), and supporting affidavits.
Step 3: File with the Court
File your documents at the Court of King's Bench in Manitoba. The current filing fee is $200 (as of February 2026 — verify with your local clerk, as fees may change).
Step 4: Serve Your Spouse
Your spouse must be formally served with the divorce documents. If your divorce is uncontested, your spouse may file a response indicating agreement. If it is contested, your spouse will have an opportunity to respond and present their own position.
Step 5: Negotiate or Litigate
If the divorce is uncontested (both parties agree on all issues), the process is typically faster and less expensive. If it is contested, you may need to attend case conferences, mediations, or a trial to resolve outstanding issues.
Step 6: Obtain the Divorce Judgment
Once all issues are resolved and the court is satisfied, a Divorce Judgment will be issued. The divorce does not take effect immediately — there is a mandatory 31-day waiting period after the Divorce Judgment before it becomes final (the "effective date"). This allows either party to appeal if necessary. After the 31 days, you may request a Certificate of Divorce, which is the official proof that your marriage has been legally dissolved.
Timeline and Costs
Timeline
The overall timeline for a Manitoba divorce depends largely on whether the divorce is contested or uncontested:
- Uncontested divorce: If all matters are agreed upon, an uncontested divorce can typically be completed within 3 to 6 months after the one-year separation period has elapsed.
- Contested divorce: If disputes remain over property, parenting arrangements, or support, the process can take one to several years, depending on the complexity of the issues and court availability.
- Mandatory 31-day waiting period: After the Divorce Judgment is granted, there is a 31-day period before the divorce is legally effective.
Costs
- Court filing fee: $200 (as of February 2026; verify with your local court clerk)
- Legal fees: These vary widely. An uncontested divorce handled by a lawyer may cost $1,500 to $3,500 or more. A contested divorce can cost $10,000 to $50,000+, depending on the issues involved.
- Mediation fees: If you use mediation to resolve disputes, expect to pay mediator fees in addition to any legal fees.
- Other costs: You may also incur costs for financial valuations (e.g., pension valuations, real estate appraisals), parenting assessments, or court-ordered reports.
Many Manitoba residents choose to use mediation or collaborative law to keep costs down and reach agreements outside of court. These alternative dispute resolution methods can be faster, less adversarial, and more cost-effective than traditional litigation.
Legal Disclaimer
This guide is provided for informational purposes only and does not constitute legal advice. Divorce law is complex, and every situation is unique. The information presented here is based on the law as it stands at the time of writing and may not reflect recent legislative changes or court decisions. Filing fees, procedures, and timelines are subject to change — always verify current details with the Court of King's Bench or your local court clerk. You are strongly encouraged to consult with a qualified family law lawyer in Manitoba to obtain legal advice tailored to your specific circumstances. Reliance on this guide without professional legal counsel is at your own risk.