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:

Whether there has been continued sexual relations between the parties.
Whether the parties have continued to participate in joint social activities.
Whether the parties spent vacations together.
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.
Whether the parties have celebrated special occasions together, such as birthdays and anniversaries.
Whether the parties have purchased gifts with each other.
Whether the parties have supported each other with respect to extended family obligations.
Whether the parties described their status on documents such as Income Tax Returns as separated.
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