Introduction
If you are considering or preparing for a divorce in Yukon, understanding the legal framework is an essential first step. Divorce in Canada is governed federally by the Divorce Act (R.S.C. 1985, c. 3), while territorial legislation — most notably Yukon's Family Property and Support Act (RSY 2002, c. 83) — addresses property division, spousal support, and other family law matters. Whether your separation is amicable or contested, knowing your rights and obligations under both federal and territorial law will help you navigate the process with greater confidence.
This guide provides a comprehensive overview of the divorce process in Yukon, including the grounds for divorce, residency requirements, property division rules, parenting arrangements, spousal support, filing procedures, and estimated costs and timelines. While this resource is designed to be informative and practical, it is not a substitute for personalized legal advice from a qualified Yukon family law lawyer.
Grounds for Divorce
Under section 8 of the federal Divorce Act, there is only one legal ground for divorce in Canada, including Yukon: breakdown of the marriage. However, marriage breakdown can be established in three ways:
1. Separation for at Least One Year
The most common basis for proving marriage breakdown is living separate and apart for at least one full year (12 months). You and your spouse do not need to agree on why the marriage ended — you simply need to demonstrate that you have been living separately. Importantly, it is possible to be considered "living separate and apart" even while residing under the same roof, provided you can show that the marital relationship has genuinely ended (for example, sleeping in separate rooms, no longer sharing meals or social activities, and presenting yourselves as separated to others).
You do not need to wait until the one-year period has elapsed to file your divorce application. You may file your application at any time after separating, but the court will not grant the divorce order until at least 12 months of separation have passed.
2. Adultery
If one spouse has committed adultery, the other spouse may rely on this ground to establish marriage breakdown. The spouse who committed adultery cannot use their own adultery as a ground. If you choose this basis, you may be required to provide supporting evidence. There is no mandatory separation period when relying on adultery.
3. Cruelty
A divorce may also be granted where one spouse has treated the other with physical or mental cruelty of such a kind that it renders continued cohabitation intolerable. As with adultery, there is no waiting period, but the burden of proof is on the spouse making the claim. Courts require clear and convincing evidence of cruelty.
In practice, the vast majority of divorces in Yukon — and across Canada — proceed on the basis of one year of separation, as it avoids the need to prove fault and generally results in a less adversarial process.
Residency Requirements
To file for divorce in Yukon, at least one spouse must have been ordinarily resident in the territory for at least one full year (12 months) immediately before the divorce application is filed. "Ordinarily resident" means that Yukon is your settled, everyday home — the place where you regularly live in the normal course of your life.
If neither you nor your spouse meets this residency requirement in Yukon, you will need to file in the province or territory where one of you does meet the one-year threshold.
Property Division
Governing Legislation
Property division for married couples in Yukon is governed by the Family Property and Support Act (RSY 2002, c. 83). The Act's stated purpose is to provide for the fair and equitable distribution of property between spouses upon the breakdown of a marriage.
How Property Is Divided
Yukon law generally operates on the principle that family property acquired during the marriage should be divided equitably between the spouses. Family property typically includes the matrimonial home, vehicles, bank accounts, investments, pensions, and other assets accumulated during the marriage. Property owned by one spouse before the marriage, as well as gifts and inheritances received by one spouse during the marriage, may be treated differently, though increases in their value during the marriage can sometimes be subject to division.
The court has discretion to order an unequal division of property if an equal division would be unfair, taking into account factors such as the length of the marriage, agreements between the spouses, and each spouse's contribution to the acquisition or maintenance of property.
Debts
Family debts incurred during the marriage are also subject to division. Both assets and liabilities are considered when determining an equitable distribution.
Separation Agreements
Spouses are encouraged to negotiate and reach their own property settlement through a separation agreement. If both parties can agree on how to divide their property and debts, this agreement can be formalized in writing and, in most cases, will be respected by the court. If an agreement cannot be reached, the matter may be decided by a judge at the Supreme Court of Yukon.
Parenting Arrangements
When a couple with children divorces in Yukon, one of the most important issues to resolve is how the children will be cared for going forward. Under the Divorce Act, the court must consider the best interests of the child as the only factor in making or approving parenting arrangements.
Decision-Making Responsibility
Decision-making responsibility refers to the authority to make significant decisions about a child's life, including matters related to health, education, culture, language, religion, and significant extracurricular activities. Decision-making responsibility may be allocated to one parent, shared between both parents, or divided so that each parent makes decisions in specific areas.
Parenting Time
Parenting time refers to the time each parent spends with their child. Both parents typically have parenting time, and the schedule should serve the child's best interests. The court considers factors such as the child's needs, the nature of the child's relationship with each parent, each parent's willingness to support the child's relationship with the other parent, and any history of family violence.
Parenting Plans
Parents are strongly encouraged to develop a parenting plan that outlines the details of parenting time and decision-making responsibility. A well-drafted parenting plan can help reduce future conflict and provide stability for the children. If parents cannot agree, the court will make the determination.
Relocation
The Divorce Act includes specific provisions regarding parental relocation. A parent who wishes to relocate with the child must provide proper notice and, in contested cases, the court will assess whether the move is in the child's best interests.
Spousal Support
Spousal support (sometimes informally called "alimony") may be awarded to either spouse upon divorce. Both the federal Divorce Act and Yukon's Family Property and Support Act address spousal support.
Determining Entitlement
The court considers several factors in determining whether spousal support should be paid, including:
- The length of the marriage
- The roles each spouse assumed during the marriage
- The financial means and needs of each spouse
- Any economic advantages or disadvantages arising from the marriage or its breakdown
- The goal of promoting each spouse's economic self-sufficiency within a reasonable period
Amount and Duration
The Spousal Support Advisory Guidelines (SSAGs) are frequently used in Yukon to help calculate the range of appropriate support amounts and duration. These guidelines are not legislated but are widely applied by lawyers and judges to promote consistency. Support may be paid as a lump sum, periodic payments, or a combination.
Variation
Spousal support orders can be varied (changed) if there is a material change in the circumstances of either spouse, such as a significant change in income, retirement, or remarriage.
Filing Process
Divorce proceedings in Yukon are filed at the Supreme Court of Yukon. Here is a general overview of the steps involved:
Step 1: Prepare Your Application
You or your lawyer will prepare the necessary court documents, including a Petition for Divorce (or Application for Divorce). If you and your spouse agree on all issues, you may file a joint application. If not, one spouse files and the other is served with the documents.
Step 2: File with the Supreme Court Registry
File your completed documents at the Supreme Court Registry in Whitehorse. You will need to pay the applicable filing fee at this time.
Step 3: Serve Your Spouse
If you are filing on your own (not jointly), you must arrange for your spouse to be formally served with the court documents. There are specific rules about how and when service must occur.
Step 4: Response
Your spouse has a set period of time to file a response. If they do not respond, you may be able to proceed with an uncontested (desk) divorce.
Step 5: Resolution or Trial
If both parties agree on all matters — property, parenting arrangements, and support — the divorce can be finalized relatively quickly. If there are disputes, the matter may proceed to mediation, a settlement conference, or ultimately a trial.
Step 6: Divorce Order
Once the court is satisfied that all requirements have been met, a divorce order is issued. There is a mandatory 31-day appeal period after the divorce order is made. The divorce becomes final — and you are legally free to remarry — only after this 31-day period has elapsed, unless the court orders otherwise.
Timeline and Costs
Filing Fees
The filing fee for a divorce application at the Supreme Court of Yukon is approximately $150–$200 as of February 2026. Fees are subject to change, so it is advisable to verify the current amount by contacting the Supreme Court Registry at 867-667-5937.
Legal Fees
Legal costs vary widely depending on the complexity of the case. An uncontested divorce handled by a lawyer may cost between $1,500 and $3,500, while a contested divorce involving disputes over property, parenting arrangements, or support can cost significantly more — sometimes tens of thousands of dollars. Some individuals choose to represent themselves (self-represented litigants), which can reduce costs but carries its own risks.
Timeline
- Uncontested divorce (no-fault, one-year separation): Typically 4 to 6 months from the date of filing, assuming the one-year separation period has already been met.
- Contested divorce: Can take one year or longer, depending on the complexity of the issues and court scheduling.
- 31-day appeal period: After the divorce order is granted, you must wait 31 days before the divorce is legally final.
Fee Waivers
If you cannot afford the filing fee, you may be able to apply for a fee waiver. Contact the Supreme Court Registry for more information.
Additional Resources
- Supreme Court of Yukon Registry: 867-667-5937 (Whitehorse)
- Yukon Public Law Centre: Provides free legal information and, in some cases, representation for eligible Yukoners.
- Family Law Information Centre (FLIC): Offers resources and assistance with family law matters in Yukon.
- Department of Justice Canada – Divorce and Separation: www.justice.gc.ca
Legal Disclaimer
This guide is intended for informational purposes only and does not constitute legal advice. Family law is complex, and every situation is unique. The information provided here reflects the law as of early 2026 and may not account for recent legislative changes or judicial decisions. Filing fees, procedures, and timelines are subject to change. You should consult a qualified Yukon family law lawyer for advice tailored to your specific circumstances. If you cannot afford a lawyer, contact the Yukon Public Law Centre or the Family Law Information Centre for assistance.