Divorce Laws in Nova Scotia: Complete 2026 Guide

Under the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), section 8(1), marriage breakdown is the sole legal ground for obtaining a divorce in Canada, including Nova Scotia. There are no separate 'no-fault' and 'fault' categories as seen in some other jurisdictions; instead, marriage breakdown is a single ground that can be established in one of three ways: living separate and apart for at least one year, adultery by the other spouse, or physical or mental cruelty by the other spouse that makes continued cohabitation intolerable. The one-year separation period is by far the most commonly used basis for divorce in Nova Scotia. Spouses do not need to wait until the full year has elapsed before filing — a divorce petition can be filed at any time after separation, but the court will not grant the divorce until at least one year has passed from the date of separation. Importantly, spouses can live under the same roof and still be considered 'separated' if they have clearly ended their conjugal relationship. The court requires at least one spouse to swear under oath that there is no possibility of reconciliation. Adultery and cruelty are fault-based avenues that can potentially expedite a divorce because they do not require a one-year waiting period. However, these grounds come with important limitations. Under section 8(2)(b) of the Divorce Act, only the spouse who did not commit adultery or cruelty can rely on those grounds — you cannot petition for divorce based on your own misconduct. Additionally, adultery and cruelty must be proven to the satisfaction of the court, which typically requires more evidence and can be more adversarial and costly. In practice, nearly all divorces in Nova Scotia proceed on the basis of the one-year separation. The Divorce Act also includes a duty on legal professionals to inform clients about reconciliation possibilities and to encourage dispute resolution. Under section 9, every lawyer has an obligation to discuss whether reconciliation is possible and to inform clients of mediation and other family dispute resolution services. Under section 7.7, the parties themselves have a duty to try to resolve matters through a family dispute resolution process, to the extent appropriate.

To file for divorce in Nova Scotia, at least one spouse must have been habitually (ordinarily) resident in the province for at least one year immediately preceding the commencement of the divorce proceeding. This requirement is set out in section 3(1) of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), and applies uniformly across all Canadian provinces and territories. There is no additional county-level or municipal residency requirement. The one-year residency requirement establishes the court's jurisdiction to hear the divorce. 'Habitual residence' means the province where a person ordinarily lives — it does not require Canadian citizenship or permanent residency status. If you recently moved to Nova Scotia from another province and have not yet lived here for a full year, you may not be able to file here, though your spouse may be able to file in the province where they have been resident for at least one year. If both spouses have been resident in different provinces for at least one year, either can file in the province where they reside. If divorce proceedings are commenced in two different provinces on the same day, section 3(3) of the Divorce Act provides rules for determining which court retains jurisdiction — generally, if children are involved, jurisdiction rests in the province where the child is habitually resident. If no children are involved, the court in the province where the spouses last maintained a common habitual residence typically retains jurisdiction. It is important to note that the one-year residency requirement is separate from the one-year separation period. A spouse could have been living in Nova Scotia for one year but only separated for six months — in that case, they may file the divorce petition but the court will not grant the divorce until the one-year separation period has been satisfied.

Property division in Nova Scotia is governed by the Matrimonial Property Act, R.S.N.S. 1989, c. 275 — a provincial statute that applies to married couples and registered domestic partners. The fundamental principle of the Act is a presumption of equal (50/50) division of matrimonial assets upon separation or divorce. The Act recognizes that childcare, household management, and financial support are joint responsibilities of the spouses, and that both spouses contribute — financially and otherwise — entitling each to an equal share of matrimonial assets. Matrimonial assets include the matrimonial home and all other real and personal property acquired by either or both spouses before or during the marriage, subject to certain exclusions. Under section 4(1) of the Act, the following categories are generally excluded from the presumptive equal division: gifts and inheritances received from a third party (unless used for the benefit of both spouses or their children), awards or settlements of damages from legal proceedings, reasonable personal effects, business assets, and property excluded by a valid marriage contract or separation agreement. However, even excluded assets such as business assets may be brought into the division if the court determines that an equal division of matrimonial assets alone would be unfair. Under section 13 of the Act, the court has discretion to order an unequal division of matrimonial assets, or to divide non-matrimonial assets, if an equal division would be 'unfair or unconscionable.' The court considers several factors including: the unreasonable impoverishment of matrimonial assets by either spouse, the debts and liabilities of each spouse, any marriage contract or separation agreement, the length of cohabitation during the marriage, the date and manner of acquisition of assets, the contribution of one spouse as homemaker to the other's ability to acquire business assets, and other relevant factors. Employment pensions and Canada Pension Plan credits are also considered matrimonial property and are subject to division. It is important to understand that the Matrimonial Property Act does not apply to common-law couples who are not registered domestic partners. Common-law partners must rely on equitable remedies such as unjust enrichment and constructive trust to claim a share of the other partner's property — there is no presumption of equal sharing for unmarried couples. The Supreme Court of Canada confirmed this distinction in Nova Scotia (Attorney General) v. Walsh, [2002] 4 S.C.R. 325. Property division is usually finalized as part of the divorce and generally cannot be revisited afterward, making it critical to obtain legal advice before agreeing to any division of assets.

Spousal support in Nova Scotia can be sought under either the federal Divorce Act (for married couples going through divorce) or the provincial Parenting and Support Act (for both married and common-law couples outside the divorce context). Entitlement to spousal support is not automatic — it must be established based on the circumstances of the marriage or relationship. The law recognizes several bases for entitlement: compensatory (to compensate a spouse who sacrificed career opportunities to support the family), non-compensatory or needs-based (to address economic hardship arising from the breakdown of the marriage), and contractual (where support has been agreed to in a separation agreement or marriage contract). Once entitlement is established, the court determines the appropriate amount (quantum) and duration of spousal support. Under the Divorce Act, sections 15.2(4) and (6), the court considers the condition, means, needs, and other circumstances of each spouse, including the length of time the spouses cohabited, the functions performed by each spouse during cohabitation, and any order, agreement, or arrangement relating to support. The objectives of spousal support orders include recognizing any economic advantages or disadvantages arising from the marriage or its breakdown, apportioning financial consequences of child-rearing, relieving economic hardship, and promoting economic self-sufficiency within a reasonable period. Canadian courts widely apply the Spousal Support Advisory Guidelines (SSAGs) as an informal tool to calculate suggested ranges for the amount and duration of support. The SSAGs are not legislation but provide formulas based on income differentials and the length of the marriage that produce suggested ranges. Courts in Nova Scotia regularly reference the SSAGs in their decisions. Spousal support can be paid as periodic (monthly) payments, a lump sum, or a combination. It may be time-limited or indefinite, depending on the length of the marriage, the age of the recipient, and the likelihood of achieving self-sufficiency. Spousal support orders can be varied if there has been a material change in circumstances, such as a significant change in income, retirement, repartnering, or changes in the recipient's needs. Support obligations can also be enforced through Nova Scotia's Maintenance Enforcement Program, which monitors and enforces court-ordered support payments.

Since the 2021 amendments to the Divorce Act came into force on March 1, 2021, Canadian family law — including in Nova Scotia — uses the terms 'parenting arrangements,' 'decision-making responsibility,' and 'parenting time' instead of the older terms 'custody' and 'access.' Decision-making responsibility refers to the authority to make significant decisions about a child's well-being, including decisions about health, education, culture, language, religion, and significant extracurricular activities. Parenting time refers to the time a child spends in the care of each parent, during which that parent has responsibility for the child's day-to-day care. The overriding principle in all parenting decisions under both the federal Divorce Act and Nova Scotia's Parenting and Support Act, R.S.N.S. 1989, c. 160, is the best interests of the child. Courts consider a wide range of factors, including: the child's needs (given the child's age and stage of development), the nature and strength of the child's relationship with each parent, each parent's willingness to support the child's relationship with the other parent, the history of care of the child, the child's views and preferences (given the child's age and maturity), the child's cultural, linguistic, religious, and spiritual upbringing and heritage, any plans for the child's care, the ability and willingness of each parent to communicate and cooperate on matters affecting the child, and any history of family violence and its impact on the safety and well-being of the child. Family violence is given particular weight under the 2021 amendments. The court must consider the nature, seriousness, and frequency of any family violence, whether there is a pattern of coercive and controlling behaviour, and the impact on the child and the ability and willingness of the person who engaged in the violence to care for the child. The Parenting and Support Act similarly requires courts to assess the impact of family violence when determining the best interests of the child. Nova Scotia encourages parents to develop their own parenting plans by agreement whenever possible. A parenting plan typically addresses the allocation of parenting time (including a detailed schedule), the allocation of decision-making responsibility (which may be joint, sole, or divided by subject area), information-sharing obligations, and dispute resolution mechanisms. When parents cannot agree, the court will impose an arrangement after considering all relevant best-interest factors. The Nova Scotia Supreme Court (Family Division) also provides conciliation services and may order a voice-of-the-child report to help inform the court about the child's wishes and needs.

There are three ways to initiate a divorce in Nova Scotia, all of which are filed with the Supreme Court of Nova Scotia (Family Division). First, a Joint Application for Divorce is used when both spouses agree on all issues — both sign the application as co-applicants and file together. Second, an Application for Divorce by Written Agreement is used when a comprehensive separation agreement is in place; one spouse files as the applicant while the other is named as the respondent. Third, a Petition for Divorce is used when the divorce is contested or the other spouse will not cooperate; the petitioning spouse files, and the other spouse must be formally served with the documents. To file, you will need to complete the required court forms (available from the Supreme Court Family Division or online through the Nova Scotia Family Law website at nsfamilylaw.ca), including the divorce application or petition, supporting affidavits, a financial statement (if support or property issues are involved), a proposed Corollary Relief Order (required in all Nova Scotia divorces), a Draft Divorce Order, and a certified copy of the marriage certificate (the long-form certificate from Vital Statistics is required). All Nova Scotia divorces require a Corollary Relief Order, even where there are no children, no spousal support, and no property to divide. As of February 2024, the court filing fee for a Joint Application or Application for Divorce by Written Agreement was approximately $218.05, plus $25 for the law stamp and HST. A Petition for Divorce has a higher filing fee of approximately $320.30. Additional costs may include process server fees, photocopying charges, and the cost of obtaining the marriage certificate. Once filed, uncontested divorces (Joint Applications and Applications by Written Agreement) are typically processed on paper without a court appearance — court staff and a judge review the documents, and if everything is in order, the Divorce Order and Corollary Relief Order are issued. If the court finds deficiencies, a deficiency notice will be sent outlining what additional information is needed. For contested Petitions for Divorce, the process involves serving the other spouse, who then has a set period to file a response. The matter may proceed through conciliation, settlement conferences, and potentially a trial. Low-income Nova Scotians may apply for a fee waiver through the court. All divorce proceedings in Nova Scotia are heard by the Supreme Court of Nova Scotia (Family Division). As of January 1, 2022, the Family Division expanded its jurisdiction to cover the entire province under a unified family court model. This means there is now a single court with comprehensive jurisdiction over all family law matters in Nova Scotia, including divorce, parenting arrangements, decision-making responsibility, parenting time, child support, spousal support, property division under the Matrimonial Property Act, and child protection matters under the Children and Family Services Act. The Supreme Court of Nova Scotia (Family Division) operates under Part 13 of the Nova Scotia Civil Procedure Rules, specifically Rule 59 for family matters. It is staffed by federally appointed judges who have broad powers under statute, common law, and equity. The court offers several services beyond adjudication, including conciliation (mandatory for certain applications), settlement conferences, the Parenting Information Program (PIP), eCourt services for online dispute resolution and case management, and Family Law Information Program Centres (FLIP Centres) at the Halifax and Sydney locations. Appeals from the Supreme Court (Family Division) are heard by the Nova Scotia Court of Appeal. The Court of Appeal reviews decisions for errors of law, errors in the application of legal principles, or significant errors in the assessment of facts. Further appeals from the Court of Appeal may be sought at the Supreme Court of Canada, with leave. It is worth noting that the Provincial Court of Nova Scotia does not handle divorce matters — divorce jurisdiction is exclusively within the Supreme Court under the Divorce Act.

The primary waiting period in a Nova Scotia divorce is the one-year separation period required to establish marriage breakdown under section 8(2)(a) of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.). This means that, in the vast majority of cases, spouses must have lived separate and apart for at least one continuous year before the court will grant a divorce. This separation period is the most commonly used ground for divorce in Nova Scotia and across Canada. Importantly, you do not need to wait until the one-year separation period is complete before filing your divorce application or petition with the court. You can file at any point after separation, but the divorce judgment will not be issued until at least one year has elapsed from the date of separation. The Divorce Act allows for a brief reconciliation period of up to 90 days during the one-year separation without restarting the clock; however, if the reconciliation exceeds 90 days, the separation period begins anew. Spouses may also live under the same roof and still be considered 'separated' if they have clearly ended their conjugal relationship. If divorce is sought on the grounds of adultery or cruelty, there is no mandatory separation period — the divorce can potentially be granted more quickly once the grounds are proven. However, these grounds require evidence and may lead to a contested proceeding, which can take longer and cost more than waiting out the separation period. Additionally, once a divorce order is granted by the court, it does not take effect until the 31st day after the order is made (section 12(1) of the Divorce Act), unless both spouses agree to waive this appeal period and the court grants a shorter period. Only after the divorce takes effect can a Certificate of Divorce be issued, and either party is free to remarry.