Are we separated if we're not sleeping in the same room?

Anonymous Asked:

For some specific reasons, my husband and I currently have to live in the same house, but not in the same room, does that count as separation?

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

10 years ago

Answer: The date of separation is important for two reasons. First, it starts the one year test for being able to obtain a divorce; and second it “freezes” your property rights, in terms of your “equalization of net family property” entitlements. Thus, it is important to be accurate in terms of the separation date. A Court would look to all the factors of a case to make a determination, if the parties cannot agree. One important factor is a spouse moving out of the bedroom. So, yes you are likely separated already, however I would need to speak with you and ask you a few questions before giving you a 100% answer. Feel free to telephone me at (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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