Divorce Laws in Yukon: Complete 2026 Guide

Under the federal Divorce Act (R.S.C. 1985, c. 3, s. 8), the sole ground for divorce in Canada — including Yukon — is marriage breakdown. There are no separate 'fault' or 'no-fault' categories as in some other countries. Instead, marriage breakdown can be established in one of three ways: (1) the spouses have lived separate and apart for at least one year; (2) one spouse has committed adultery; or (3) one spouse has treated the other with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses. The vast majority of divorces in Yukon, as across Canada, proceed on the ground of one-year separation. You can file for divorce as soon as you separate — you do not have to wait the full year before starting the process — but the divorce order will not be granted until the one-year separation period has elapsed (Divorce Act, s. 8(2)(a)). Living 'separate and apart' does not necessarily mean living in different residences; spouses can be legally separated while sharing the same home, provided they are living separate lives. However, if spouses resume cohabitation for more than 90 days in total for the purpose of reconciliation, the one-year clock resets. If a spouse relies on adultery as the ground for divorce, the applicant cannot be the spouse who committed the adultery; only the 'innocent' spouse may use it as a basis. Additionally, the applicant must not have condoned (forgiven) the adultery. Under this ground, there is no requirement to wait for one year before the divorce can be granted. Similarly, cruelty can be alleged to obtain a divorce without waiting for the one-year separation period. Under section 11 of the Divorce Act, the court must satisfy itself that there has been no collusion in relation to the application, that reasonable arrangements have been made for the support of any children of the marriage, and that there is no possibility of reconciliation. Lawyers have a statutory duty under the Act to discuss the possibility of reconciliation and to inform their client of mediation services.

To file for divorce in Yukon, at least one spouse must have been ordinarily resident in Yukon for at least one full year (12 months) immediately before the divorce proceeding is commenced (Divorce Act, R.S.C. 1985, c. 3, s. 3(1)). This is a strict requirement — if neither spouse meets the one-year residency threshold, the Supreme Court of Yukon will not have jurisdiction to hear the divorce application. 'Ordinarily resident' means that the person has been habitually living in Yukon as their regular place of abode for at least 12 continuous months. It is not sufficient to simply have a mailing address or property in the territory; the applicant or respondent must demonstrate a genuine, settled residence. If you or your spouse recently moved to Yukon, you will need to wait until you have accumulated one full year of residence before filing. It does not matter where the marriage took place. As long as the residency requirement is met, you may file for divorce in Yukon even if you were married in another province, territory, or country. Conversely, if both spouses have left Yukon and no longer reside there, neither may file for divorce in the territory. Where both spouses reside in different jurisdictions and each meets the residency requirement in their own jurisdiction, either one may choose to file where they live.

Property division for married couples in Yukon is governed by the territorial Family Property and Support Act (RSY 2002, c. 83). The Act's stated purpose is to provide each spouse with an equal division of family assets on marriage breakdown, recognizing that both financial and non-financial contributions — including child care and household management — are shared responsibilities inherent to a marriage (s. 5). The default rule is therefore a 50/50 split of all family assets. Family assets under the Act include a broad range of property: the family home, household furnishings, vehicles, bank accounts, investments, vested and unvested pension rights, RRSPs, and any other property ordinarily used or enjoyed by the family. This is the case regardless of whose name the property is in or who originally purchased it. The Act also contains specific protections for the family home: both spouses have a right to remain in the family home after separation, and neither spouse may dispose of or encumber it without the consent of the other or a court order. The court may depart from an equal division in limited circumstances set out in sections 13 and 14 of the Act, which allow the court to consider equitable factors such as the duration of the marriage, whether property was acquired before the marriage, and whether an equal division would be unfair in the circumstances. Spouses may also enter into a marriage contract, separation agreement, or cohabitation agreement that governs how property will be divided, and such agreements will generally prevail if they are valid and binding (s. 2). A separating couple can also agree on their own terms without going to court, and the Yukon government offers a free mediation service to help facilitate these discussions. It is important to note that the property division rules for common-law couples in Yukon are quite different. Common-law spouses do not have the same automatic entitlement to an equal share of property. Instead, each person generally keeps their own assets, unless a court orders otherwise based on principles of equity or unjust enrichment.

Spousal support in Yukon divorces is governed by the federal Divorce Act (R.S.C. 1985, c. 3, ss. 15.2–15.3). For separated couples who are not yet divorcing, the territorial Family Property and Support Act (RSY 2002, c. 83, Part 3) also addresses spousal support obligations. When divorce proceedings are commenced, the Divorce Act takes precedence over territorial legislation due to the doctrine of federal paramountcy. Under section 15.2 of the Divorce Act, a court may order one spouse to pay support to the other. The objectives of a spousal support order include: recognizing any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown; apportioning between the spouses any financial consequences arising from the care of the children; relieving any economic hardship arising from the breakdown of the marriage; and, insofar as practicable, promoting the economic self-sufficiency of each spouse within a reasonable period of time. The court considers a wide range of factors when determining spousal support, including: the condition, means, needs, and other circumstances of each spouse; the length of time the spouses cohabited; the functions performed by each spouse during cohabitation; and any existing agreement or arrangement between the spouses. In practice, Canadian courts widely use the Spousal Support Advisory Guidelines (SSAGs), which provide non-binding formulas for calculating the amount and duration of spousal support based on the length of the marriage, the income of each spouse, and whether there are dependent children. Support may be ordered on a time-limited or indefinite basis, and can be periodic (monthly payments) or lump-sum. Either spouse may apply to vary a spousal support order if there has been a material change in circumstances. Notably, in 2021, Yukon amended the Family Property and Support Act to remove the previous three-month time limit for common-law spouses to apply for spousal support, providing equal access to spousal support for both married and common-law spouses.

When married couples with children divorce in Yukon, parenting arrangements are governed by the federal Divorce Act (R.S.C. 1985, c. 3, as amended in 2021). The 2021 amendments replaced the terms 'custody' and 'access' with 'decision-making responsibility' and 'parenting time,' reflecting a modern, child-focused approach. 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 a parent. The paramount consideration in all parenting matters is the best interests of the child (Divorce Act, s. 16). The Act sets out a detailed list of factors the court must consider, including: the child's needs and the ability of each person to meet those needs; the nature and strength of the child's relationship with each parent and other significant persons; each parent's willingness to support the child's relationship with the other parent; the child's views and preferences (given due weight according to the child's age and maturity); the child's cultural, linguistic, religious, and spiritual heritage and upbringing; any plans for the child's care; and any family violence, including its impact on the child and the ability and willingness of any person who engaged in family violence to care for the child. The 2021 amendments placed significant emphasis on family violence as a factor. 'Family violence' is broadly defined in the Act to include physical, sexual, and psychological abuse, as well as threats, harassment, coercive and controlling behaviour, and the killing or harming of an animal or damaging of property. Courts must consider the nature, seriousness, and frequency of the violence, and whether it was directed at the child or another family member. The Supreme Court of Yukon requires that parties in family matters involving children attend the 'For the Sake of the Children' parenting workshop, which addresses the impact of separation on children, communication skills, and conflict management. This requirement is set out in Supreme Court Practice Direction 37 and generally applies unless the parents live more than 30 km from a community where the workshop is offered, have filed a written settlement agreement, or all children are 16 or older. The court also requires a Family Law Case Conference within 60 days of service of the claim, which serves as a structured opportunity for early dispute resolution. Free family mediation services are available through the Yukon government.

To file for divorce in Yukon, you must file your documents with the Supreme Court of Yukon Registry, located at the Law Courts Building, 2134 Second Avenue, Whitehorse. The primary form is the Statement of Claim (Family Law – Divorce), Form 91A under Supreme Court Rule 63. If you are filing jointly with your spouse, a joint petition form is used instead. Depending on your circumstances, you may also need to complete a Financial Statement (Form 94), a Child Support Affidavit (Form 98), and an Affidavit for Divorce Order (Form 97), among others. The general steps for filing are: (1) research the applicable laws and rules; (2) collect supporting documents, including your original marriage certificate; (3) prepare and complete the required forms; (4) make at least two additional copies of all documents; (5) have financial statements and affidavits notarized; (6) file the original documents with the Supreme Court Registry and pay the filing fee; (7) arrange to have the filed documents served on your spouse (you cannot serve them yourself — a person over 18 or a process server must do so); (8) file an Affidavit of Service confirming delivery; (9) wait for a response from the other party (the respondent generally has 20 days if served in Yukon, or 42 days if served elsewhere); and (10) if uncontested, prepare and file an Affidavit for Divorce Order to request the divorce. Filing fees are payable at the time of filing. Based on third-party sources, the Supreme Court filing fee for a divorce application is approximately $180. The court accepts payment by cash, debit (in person only), cheque, money order, Visa, or MasterCard. You can also file documents by mail, but you must include the filing fees with your mailed documents. For assistance with forms and procedures, the Family Law Information Centre (FLIC) is available at no charge. If your matter involves children, you will generally be required to attend the 'For the Sake of the Children' parenting workshop, and a Family Law Case Conference must be held within 60 days of service. Divorce matters in Yukon are heard exclusively by the Supreme Court of Yukon, which is the territory's highest trial court. The Supreme Court has broad jurisdiction over civil and serious criminal matters, including all family law cases involving divorce, parenting arrangements, property division, and spousal support. The court is located at the Law Courts Building, 2134 Second Avenue, Whitehorse. The Territorial Court of Yukon does not have jurisdiction to grant divorces or hear most family law matters associated with married couples. However, the Territorial Court may handle certain matters such as child protection proceedings. The Small Claims Court handles civil cases involving amounts of $25,000 or less and has no family law jurisdiction. Appeals from decisions of the Supreme Court of Yukon are heard by the Court of Appeal for Yukon. The Court of Appeal sits in Whitehorse and hears appeals on questions of law and mixed law and fact from both the Supreme Court and the Territorial Court. In exceptional cases, further appeals may be brought to the Supreme Court of Canada with leave. The Yukon court system is relatively compact, with the Supreme Court Registry in Whitehorse serving as the central filing location for all divorce applications territory-wide.

The primary waiting or separation period in Yukon — as in all Canadian jurisdictions — is the one-year separation requirement under the Divorce Act (R.S.C. 1985, c. 3, s. 8(2)(a)). If you are seeking a divorce on the ground that the marriage has broken down due to living separate and apart, you and your spouse must have been separated for at least one continuous year before the divorce order can be granted. You may file the divorce application as soon as you separate, but the court will not issue the divorce order until the full 12 months have passed. The one-year separation period is subject to a reconciliation provision. If spouses resume living together for the purpose of reconciliation, they may do so for one or more periods totalling up to 90 days without restarting the one-year clock. However, if the total period of resumed cohabitation exceeds 90 days, the separation period resets and a new one-year period must begin. Living 'separate and apart' can include situations where the spouses continue to reside under the same roof, provided they are leading separate lives (e.g., separate sleeping arrangements, separate finances, no shared meals or social activities as a couple). If the divorce is sought on the ground of adultery or cruelty, there is no mandatory one-year waiting period. The divorce may be granted as soon as the ground is proven to the court's satisfaction. After the divorce order is granted, there is an additional 31-day appeal period before the divorce becomes effective, unless the court orders otherwise (Divorce Act, s. 12). The Certificate of Divorce is typically available after this 31-day period has elapsed.