Living Separate and Apart Under the Same Roof

In some family law cases, spouses may disagree about when they actually separated. This issue can become more complicated when both spouses continued living in the same home after the relationship ended.

Ontario courts have recognized that spouses can be living separate and apart even if they remain under the same roof, especially where they do so for financial or practical reasons.

What Does the Court Consider?

The court will look at the facts of the relationship, including:

1. Whether the spouses were physically separated, such as sleeping in separate bedrooms.

2. Whether at least one spouse withdrew from the marital relationship with the intention of ending it.

3. Whether sexual relations continued or ended.

4. How the spouses communicated about family issues.

5. Whether they continued joint social activities.

6. Whether they shared meals.

7. How household tasks were performed.

8. How income tax returns were filed.

Key Takeaway

Whether spouses were living separate and apart is a fact specific question. The court will look beyond what either spouse says and focus on their actual conduct and intentions. Spouses may still be separated even while living in the same home, but the evidence must show that the marital relationship had truly ended.

Contact TMB Law today to schedule a confidential consultation and learn how we can help with separation date disputes and family law matters.