Can You Be Separated While Still Living in the Same Home in BC?
This answer covers the law of British Columbia.
Yes, you can be separated while living in the same home. The Family Law Act says spouses may be separated despite continuing to live in the same residence. The province also says there is no such thing as a legal separation, and a couple can be separated under one roof if a clear intention of permanent separation has been communicated and acted upon.
A court may look at evidence such as one spouse telling the other they intend to separate permanently. For divorce, the court will not grant one until you have been separated for at least one year. The Divorce Act asks whether spouses have lived separate and apart for at least one year, and how that applies to a shared home is worth confirming with a lawyer.
If you reconcile, the Divorce Act says resumed cohabitation totalling no more than ninety days does not interrupt the period, but for property division the Family Law Act treats you as not separated if, within one year, you live together again mainly to reconcile for at least 90 days in total. A written agreement on expenses and the children is possible, though a lawyer is not required to make one.
Key takeaways
- The Family Law Act says spouses may be separated despite continuing to live in the same residence.
- The province points to a clear intention of permanent separation that has been communicated and acted upon.
- The court will not grant a divorce until you have been separated for at least one year.
- The Divorce Act and the Family Law Act each have their own 90-day reconciliation rule, so they should not be treated as the same rule.