Are we separated or do we have an open marriage?

Anonymous Asked:

Nothing much has changed. We still live in the same house, raise our kids, eat meals together and celebrate holidays and events as a family. We still run a business together. My paycheque is considered his.

Nobody at work or in our social circles know that we have marital problems, other than a handful of close friends and our kids. He still introduces me as his wife.

He is pursuing another relationship as am I and so we don’t sleep together in the same room, although most of his clothes are still in my closet and he uses my bed when I’m not there. He knows about my current other relationship and I’m trying to set him up with a long-time friend.

So my question is…is it an open marriage or a separation?

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Andrew J. Kania, LL.B., LL.M.

11 years ago

Answer: There is no legally recognized concept as “an open marriage.” You are either separated or not. It does not take the mutual agreement of a married couple to be legally separated. Either party can decide that they are separated. As well, the factors of a case can lead to the conclusion that a couple is separated. It certainly sounds like you are separated, however of course I cannot provide a formal legal opinion without first speaking with you. You are welcome to call me at: 1-877-668-9386 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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