This is a great question, with a complex answer. We’ve encountered clients from Barrie, Orillia and Newmarket who want to know if they can be considered separated from their spouse—even if they still live together or in the same house.
People may still remain living with someone, even though the relationship has dissolved because of:
• Financial reasons
• Taking care of your children
• Difficult finding new arrangements
According to the Attorney General, it is possible to be living separate and apart while continuing to live in the same home, although it will depend on the facts in your case.
“Generally, the courts require clear evidence that spouses are no longer living together in a spousal relationship when they continue to live in the home. If you are not sure about whether you would be considered separated in your circumstances, you should speak with a lawyer.”
It’s a gray area for sure, but there is flexibility. The family laws aren’t designed to lock you into a state of marriage any longer than you want to be, even while you have to share a home with your former spouse.
If you have any questions about family law, please feel free to contact one of our Newmarket divorce lawyers at any time.