Can You Live in the Same House and Be Separated in Saskatchewan?

Many couples cannot afford two homes, so one or both stay in the family home after the relationship ends. A common worry is whether that delays a divorce.

In Saskatchewan, the federal Divorce Act allows for this situation. This article explains the rule, how the year is counted, and the kinds of evidence that can help. A lawyer can confirm how it applies to you.

This article covers the law of Saskatchewan.

What the Divorce Act says

The only ground for divorce is breakdown of the marriage. One way to establish it is that the spouses have lived separate and apart for at least one year immediately before the divorce is determined, and were living apart when the proceeding began.

Spouses can be separate and apart while living under the same roof, if one of them has the intention to live separately. Spouses are treated as living apart for any period when they lived apart and one of them had the intention to live separate.

How the year is counted

The full year must be complete when the divorce is determined, not before filing. Because the spouses must have been living apart when the proceeding began, a petition can be filed before the full year has run if the year will be complete before judgment.

A period of resumed cohabitation of up to 90 days, made mainly to reconcile, does not interrupt or end the separation period. Longer periods or other changes may raise questions, so get advice if you got back together for a time.

If the other spouse has committed adultery or treated you with physical or mental cruelty that makes continued cohabitation intolerable, a divorce is possible without waiting a year. You cannot rely on your own adultery or cruelty.

Evidence that can help show you are separate

The law focuses on intention and on how you actually live. The following are examples of things people commonly point to; none is a legal requirement.

• Sleeping in separate bedrooms.
• Not sharing meals, laundry or household chores as a couple.
• Separate finances, such as separate bank accounts and each paying their own expenses.
• Not attending social events or holidays as a couple.
• Telling family, friends or others that the relationship has ended.
• A written note, email or message stating that you consider the relationship over and the date you decided it.
• A written agreement about how you will share the house and expenses while you both live there.

Issues to think about while sharing a home

If children are involved, decision-making responsibility and parenting time are separate ideas, and parenting time is the time a child spends in a person's care. Sorting out routines in writing can reduce conflict.

If the situation becomes unsafe, an emergency intervention order under The Victims of Interpersonal Violence Act can give the victim exclusive occupation of the residence regardless of ownership, and can bar contact. Your safety matters more than meeting a separation requirement.

What to do next

• Decide and record the date you consider the separation began.
• Gather evidence of separate living, such as messages and bank statements.
• Tell your spouse clearly, in writing if safe, that you consider the relationship over.
• Keep any agreement about sharing the home in writing.
• See a lawyer before filing if your spouse disputes that you were separated.

Frequently asked questions