Seperation confusion

Anonymous Asked:

15 years ago I asked my husband to leave (due to stress in my life) we were apart for 6 months! We sat down with a counsellor and drew up some papers (which I don't have copies any more! Husband came back and has lived here ever since! Are we still seperated? The marriage is still strained, but one of the arguements we have is are we still seperated? I say we aren't he says we are! Sleep in seperate beds, but he eats with the kids and I, pays the mortgage, taxes, and house insurance, on the income tax it has been filed as married for 15 years! Just need to get this straight in my own head! I guess we are married when it benefits him and we aren't when it doesn't!

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Lorrie Stojni, BA, MA, LLB

11 years ago

Technically the relationship is over when one of the parties communicates to the other that they wish to live separate and a part.

You can be separate and a part and under the same roof.

The confusion is your situation is that you have been continuing on as a married couple. Had he intended on being separated, he should have commenced proceedings or done something to sever the ties with you. It sounds like he has not done so.

I suggest you consult with a lawyer for further information.

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