Divorce Statistics in Canada

Since divorce laws changed several decades ago in Canada, getting a divorce has been easier for Canadians. Men and women have been able to file for divorce on the same grounds, and since 1986, people no longer have to be separated for three years before they can file for divorce. How have these changes in the law reflected in the number of divorces in Canada?

As well as looking at the rate of divorce in Canada, we have included other Canadian key statistics on divorce. These include statistics on the average length of the marriage, the number of people who remarry in Canada, and the average cost of divorce.

Divorce Statistics for Canadians

• The number of divorces in Canada in 2020 was the lowest since 1973.
• The peak year for divorces was 1987, when there were 97,773 divorces.
• The rate of divorces in Canada has declined since 1991.
• The average length of divorce proceedings in 2024 is four to six months.
• Marriages in Canada last, on average, 15 years.
• 31% of divorce applications were filed jointly in 2020.
• The rate of divorce has decreased the most in Ontario, by 36%.
• Canadians in their early to mid-forties are the most likely to divorce.
• Common-law relationships are becoming more common in Canada, with a 15% rise between 1981 and 2016.
• An uncontested divorce costs $1,860 on average, and a contested divorce $20,625.

Divorce in Canada

In Canada, marriages can be dissolved through divorce or annulment. Both proceedings involve a judicial decree. Canada’s first unified divorce law came into force in 1968. After that, it was easier for Canadians to obtain a divorce. However, there were still considerable legal difficulties involved.

Before 1968, divorce could be obtained on the grounds of a matrimonial offense. Following the law, divorce could also be obtained on the grounds of marriage breakdown. Until 1986, couples filing for divorce based on marital breakdown had to be separated and live apart for three years before a divorce could be granted.

In 1986, a revised Divorce Act came into force, and it included a no-fault divorce. It also defined marriage breakdown as partners living apart for at least twelve months, adultery, or physical, or mental cruelty.

Number of Divorces in Canada Per Year

Data on divorces from Statistics Canada show that the number of divorces per year in Canada declined over recent decades. In 2016, there were more than 62,000 divorces and this fell to just over 56,000 in 2019, dropping to 42,933 in 2020, the lowest number recorded since 1973. The peak year for divorces in Canada was 1987, when 97,773 divorces were granted following amendments to the Divorce Act that reduced the required separation period before filing. 

More recent official annual divorce figures have not yet been released in full by Statistics Canada, so comprehensive national totals for 2021–2025 are not currently available. However, indicators suggest that the downward trend in divorces is likely to have continued through the early 2020s, reflecting continuing social changes in family formation, later age at first marriage, and the ongoing rise in common‑law partnerships.

The Rate of Divorces in Canada Has Declined Since 1991

The number of divorces in Canada has decreased in the last three decades. The change is attributed to two key factors: the aging of the married population and younger generations choosing common-law unions over marriages. If people from younger generations decide to marry, they often do it when they are older.

Length of Divorce Proceedings in Canada

Looking at the five-year data from Statistics Canada, the length of divorce proceedings has stayed fairly similar. In 2016, the median duration of divorce proceedings was 5.4 months compared to 5.8 months in 2020. In 2024, the estimate is between four and six months. 

Duration of Marriages in Canada

The mean duration of marriages has remained stable in Canada since the amendments to the divorce law. The mean duration of marriage was 15.6 years in 2016, and in 2020 it was 15.3 years, according to the Canadian census findings from those years. 

The number of Jointly Filed Divorces is Growing

According to the census results, in 2020, a larger portion of divorces was filed jointly than in 2016. The percentage of divorces filed jointly went up from 25% to 31% during that time. This means that the portion of people divorcing amicably rather than following a major issue such as adultery is growing.

The Number of Divorces Has Fallen across the Provinces

The most recent published data on divorces from Statistics Canada shows that there were fewer divorces across the country in 2019 compared to 2020. Ontario, where the number of divorces went down by 36%, saw the largest drop. Except for Ontario, the rate was between New Brunswick’s 11% and Alberta’s 22% in all provinces.

In the Yukon and Northwest Territories, the number of divorces remained stable. Nunavut was the exception among the territories, but fluctuations in Nunavut are normal due to the low number of divorces filed each year.

Marrying Young Increases the Risk of Divorce

People who marry when still in their teens are almost twice as likely to divorce than people who marry between 25 and 29 years old. People who get married in their mid-thirties or later have a 43% lower risk of divorce.

Divorce Rates For Different Age Groups

The data from Statistics Canada shows that the number of divorces is consistently highest in the 40-44 age group, while it is lowest for people under twenty, between 20 and 24, or over 50 years old. Considering that the average length of marriage in Canada is 15 years and the average age to get married is about 30, it is not surprising to see the peak of divorces in the early to mid-forties age group.

However, the number of divorces in the 40-44 age group is declining faster than in the 50 to 59 age group. While the rate of divorce declined by 36% among 40-44-year-olds, it only declined by 27.7% among 55- 59-year-olds. Part of the reason behind the faster decline in the younger age group is that common-law relationships are more common in that age group.

The Number of Divorces by Gender

Before the Divorce Act, only men could file for divorce based on adultery alone. If a woman wanted to file for divorce, she would have to allege additional grounds for divorce as well as adultery. After the act, the same grounds applied to men and women equally.

Based on the data, women had a higher rate of divorce compared to men in 2017. While there were 8.6 divorces for 1,000 married women, the rate for men was 8.4 per 1,000 married men.

However, there are variations between age groups. For example, in the under-20 age group, the rates are 3 and 4.1 for women and men, respectively. In the 20 to 34 age group, the rates are 13.27 for women and 11.4 for men. Among people over 50, men have consistently higher divorce rates than women.

Marriage as a Source of Happiness

When people perceive marriage as a source of happiness, they are more likely to stay married. On the other hand, those who do not see marriage as a key factor in their happiness levels are three times more likely to file for divorce. Canadians who were remarried were considerably less likely to say marriage was a key source of happiness for them.

The Number of Divorced People is Growing

The number of divorced people in Canada has risen year-on-year. Based on the Canadian censuses, in 2016, there were 1.88 million divorced people in Canada and 2.71 million in 2020. However, as fewer people are getting married and the number of divorces declines, it is predicted that the number of divorced people will begin to decline at some point, too.

Remarriage in Canada

Statistics show that the majority of Canadians who divorce remarry.  Men are more likely to get married again than women. In the 1990s, around a third of marriages in Canada had at least one partner who had been married before. While some of these were people who remarried after the death of their partner, the large majority were divorced people.

At the beginning of the new millennium, around 10% of Canadians were on their second marriage, while about 1% had married more than two times. By 2017, 26% of Canadians were on their second marriage or common-law relationship.

It seems that Canadians aged between 35 and 64 do not wait very long after divorcing or separating before they enter into a new marriage or common-law union. For men, it is 4.6 years on average and 4.8 years for women.

36% of people who are in a new relationship after divorce or separation are in common-law relationships. 46% started in a common-law partnership and then got married, while only 18% went straight into marriage.

In Quebec, the residents are more likely to have subsequent relationships compared to other provinces or territories. 36% of the people in Quebec are in their second marriage or common-law relationship.

Statistics on Divorce do Not Reflect All Dissolutions of Unions

Divorce statistics do not include information on couples who have separated but have not yet divorced or the dissolutions of common-law unions. Because divorce data excludes these couples, the rate of conjugal instability is likely higher than the data shows, especially as the number of common-law couples in Canada has increased in the last decades. In 1981, common-law couples represented 6% of all couples, while in 2016 they represented 21% of all couples.

How Much Does a Divorce Cost in Canada?

In 2025, the average cost of an uncontested divorce in Canada remains around $1,860 CAD for legal fees in a straightforward case, while a contested divorce typically costs about $20,625 CAD on average. If a divorce involves a trial, additional legal fees can range from roughly $19,087 CAD to $43,481 CAD or more depending on how long the trial lasts — the longer the trial, the higher the cost.

In some cases, couples may need a separation agreement during their mandatory year of separation. A separation agreement with children generally costs around $7,014 CAD, and without children about $5,463 CAD.

Other divorce‑related costs include spousal support agreements at approximately $6,274 CAD, child custody and support agreements at about $2,236 CAD, and variation applications (often called a Motion to Change) at around $6,863 CAD. These are all average figures, and actual costs vary depending on location, complexity of the case, and the size or billing rates of the law firm involved.

Conclusion

The changes to divorce law in Canada in the 1960s and later in the 1980s have made it legally easier to divorce. The changing attitudes have also made divorce more acceptable. At first, this led to a rise in the number of divorces reaching its peak after the law change in the 80s. However, the numbers have been declining since 1991.

The divorce statistics do not give a full picture of the number of couples who have ended their significant relationships since it only includes couples who have legally divorced. In reality, the number of couples whose relationships end is likely to be higher.