Am I considered separated even though my spouse and I still live together in our home?
You may be considered to be living separate and apart while continuing to live in the same home, consult a lawyer.
Factors to Consider in Determining the Date of Separation
The relevant principles that emerge from the case-law to determine the date of separation, include:
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Whether there has been continued sexual relations between the parties.
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Whether the parties have continued to participate in joint social activities.
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Whether the parties spent vacations together.
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Whether the parties continued to share and participate in each other’s daily routines as in the past, such as eating meals together and sharing household chores.
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Whether the parties have celebrated special occasions together, such as birthdays and anniversaries.
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Whether the parties have purchased gifts with each other.
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Whether the parties have supported each other with respect to extended family obligations.
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Whether the parties described their status on documents such as Income Tax Returns as separated.
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Whether there have been any changes in the way the parties manage their financial affairs, including whether they have taken steps to separate their financial dealings
Consult a divorce and family lawyer about your rights and obligations.