Seriously though, figuring when or if you are separated is often a big question for clients in the early stages of a relationship breakdown. And the answer can be a pivotal one when it comes to equalization (i.e. the division of assets and debts), support, limitation periods, and divorce.
In many cases, it’s not clear when things have really ended. Especially in situations where spouses may separate and then reconcile for a period.
Legally speaking, you are separated from your spouse when you are living “separate and apart.” This doesn’t mean, however, that you need to be residing in different homes. You can be living separate and apart albeit under the same roof.
If spouses can’t agree on when they separated, and the question goes before a judge in court, several factors will be considered to determine when the parties took deliberate steps to live independently from one another.
The courts will often look to the mundane and practical realities of couples’ lives to get to the bottom of this question. This assessment can involve looking into how the couple managed their finances at the relevant dates, experienced parenting time changes, began sleeping separately, represented themselves as separated persons to others, or demonstrated in writing to their spouse their intention to separate, among other things. Additionally, it doesn’t need to be mutual. If one spouse wants to separate from their partner, and takes steps in this direction, this is enough to “be separated,” so to speak.
It is important to understand that this is not a check-box exercise. The law tells us that it is the totality of the circumstances that matters when pinning down a date of separation. The court will look at the context of the relationship to make a finding regarding when the spouses separated.
More information? We’re here to help – family@wardlegal.ca This WARDS LAWYERS PC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.