Can You Be Separated and Live Under the Same Roof? Understanding Your Rights

Separation is a significant step for any couple, but what happens if you and your partner remain living in the same home? In South Australia, it is possible to be legally separated while still sharing a residence. This situation, known as "separation under one roof," is increasingly common due to financial pressures, housing shortages, or the desire to co-parent children. Understanding your rights and obligations is crucial if you are considering this arrangement.

What Does Separation Under One Roof Mean?

Separation under one roof occurs when a couple ends their relationship but continues to live together in the same property. This can happen for various reasons, including:

• Financial constraints preventing either party from moving out

• The need to maintain stability for children

• Waiting for property settlement or alternative accommodation

Legally, separation is defined by the breakdown of the marital or de facto relationship, not by physical distance. The key factor is whether the relationship has ended, not whether you live apart.

How Do You Prove Separation While Living Together?

To be recognised as separated under one roof, you must demonstrate that your relationship has ended, even though you share a home. Courts and government agencies will look for evidence such as:

• Separate bedrooms: Sleeping arrangements are a strong indicator of separation.

• Independent finances: Separate bank accounts, individual bill payments, and no shared expenses.

• No longer socialising as a couple: Attending events separately and informing friends and family of the separation.

• Division of household tasks: No longer performing domestic duties for each other.

• Communication: Telling others, including Centrelink or the Child Support Agency, about your separation.

  
  

You may need to provide affidavits or statutory declarations from both parties and third parties (such as friends, family, or professionals) to support your claim.

Why Do Couples Remain Under One Roof After Separation?

There are several reasons why separated couples may continue to live together:

• Financial necessity: High living costs or mortgage commitments.

• Children: Minimising disruption to children’s lives.

• Practicality: Waiting for property settlement or sale of the family home.

  
  

While this arrangement can be practical, it is important to set clear boundaries and document the separation to avoid disputes later.

Legal Implications of Separation Under One Roof

Divorce and Property Settlement

In Australia, you must be separated for at least 12 months before applying for a divorce. If you have been separated under one roof for part or all of this period, you will need to provide additional evidence to the court. This may include:

• Detailed affidavits outlining the circumstances of your separation

• Statements from friends, family, or professionals who can confirm your situation

  
  

For property settlement and spousal maintenance, the date of separation is critical. Disputes can arise if there is uncertainty about when the relationship ended, so clear documentation is essential.

Centrelink and Child Support

Government agencies such as Centrelink and the Child Support Agency require proof of separation to assess entitlements. You may be asked to provide:

• Evidence of separate finances

• Statutory declarations

• Details of living arrangements

  
  

Frequently Asked Questions

Can we get divorced if we are still living together?

Yes, you can apply for divorce after 12 months of separation, even if you have lived under the same roof. You will need to provide evidence of your separation.

What evidence do I need to show we are separated but living together?

Evidence may include separate bedrooms, independent finances, and statements from third parties confirming your separation.

How do courts view separation under one roof?

Courts look at the totality of your circumstances, including financial, social, and domestic arrangements, to determine if you are genuinely separated.

What are the risks of living together while separated?

Risks include disputes about the date of separation, confusion over finances, and potential impact on property settlement or government benefits.

Key Takeaways

• You can be separated and live under the same roof in South Australia.

• Clear evidence is required to prove separation for divorce, property settlement, and government benefits.

• Setting boundaries and documenting your arrangements can help avoid disputes.

  
  

Contact Us

If you are considering separation under one roof or need advice on your legal options, our experienced Adelaide family law team can help. Contact us today for expert advice on separation, divorce and the division of matrimonial and de facto property.

Take advantage of our complimentary no-obligation telephone consult on any new matter.

This article is for general information only and is not a substitute for legal advice. For advice specific to your situation, please contact our office.