Can You Be Separated And Live In The Same House? (2024)

Separated Under One Roof Rules

A couple separated under one roof must show that despite living together they no longer act as a couple. These all come under the practicality of separating from someone while still in the same space.

The court will look at several factors to prove that you and your spouse are validly separated from your spouse while living together through the following:

Separated Finances

Separating the finances is important in showing relationship separation through a lack of financial interdependence.

This step is necessary in separation in general, but evidence of it becomes more significant in the case of separation under one roof.

The financial aspects of separation under one roof usually involve closing joint bank accounts, deciding how bills will be paid, whether either ex-partner is listed on the other’s tax return, and whether they are a beneficiary of the other’s will, superannuation or life insurance.

The latter may be particularly difficult or time-consuming to arrange, which a court will take into consideration if the separation is more recent.

Sleeping Separately

The nature of the household may become similar to that of a shared household when a couple separates but still lives together.

Individual choices and circ*mstances are all different, and separated couples will probably establish their strategies in this respect.

The court would consider in particular how bedrooms, bathrooms and other living spaces are shared, and how household maintenance tasks are arranged. This may mean each person does their shopping, cooking and cleaning, or that they have a roster system.

Social Aspect

The social aspects of the relationship mean whether the former partners present themselves to others as separated or in a relationship.

Family, friends and acquaintances can believe the relationship exists as usual, but for the couple to be legally separated.

Many other points come under the social aspects, including whether the partners go out with their friends separately, whether they holiday together, whether close friends and other family members know that the relationship has broken down, and whether they continue to present themselves as a couple, for example to banks, real estate agents, government agencies and other institutions, including their children’s school.

Sexual Relationship

A sexual relationship between the two parties is generally an indicator of a couple’s relationship. However, the absence of a sexual relationship does not definitively mean that the relationship has necessarily ended.

The Nature of the Commitment

The level of commitment changes after separation, including separation under one roof, as the ex-partners create physical and emotional distance from each other.

Companionship, intimacy, emotional support, joint plans for the future and a willingness to help the other person in times of a personal or family crisis, or in the event of illness or hospitalisation, are indicators of commitment. Evidence of a lack of commitment in these respects is necessary to show that a couple is separated although still living together.

However, this is not always clear-cut. If a couple has not actively sought to divorce each other, this does not necessarily show continued commitment.
Similarly, calling a doctor or an ambulance in a medical emergency, or providing temporary care for a few days if no one else is available, may not indicate a continued commitment to a relationship with the other person.

Can You Be Separated And Live In The Same House? (2024)
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