Living Separate Under One Roof: Divorce Grounds in BC

Many couples cannot afford to move out right away, or stay in one home for the sake of children. If that is you, you may be wondering whether you can count the one-year separation period while still sharing a roof.

This article explains what the Divorce Act actually says about separation, how reconciliation attempts are treated, and how to prepare if your situation is not clear-cut.

This article covers the law of British Columbia.

What the separation requirement says

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

You can apply at any time after separating, but the court will not grant a divorce on the separation ground until you have been separated for at least one year.

Does sharing a home count?

The Act says spouses are deemed to have lived separate and apart for any period during which they lived apart and either of them had the intention to live separate and apart from the other. The focus is on living apart combined with an intention to separate.

The Act's wording does not spell out how that applies when two people still live at the same address. A lawyer can tell you how a court is likely to view your arrangement before you rely on it.

Reconciliation and incapacity

Trying to save the marriage does not necessarily restart the clock. The separation period is not interrupted or ended just because the spouses resumed living together for periods totalling not more than ninety days with reconciliation as the primary purpose.

There is also an exception if one spouse becomes incapable of forming or continuing the intention to live separate and apart. The period is not interrupted for that reason alone, if the court finds the separation would probably have continued had they not become incapable.

• Time together for reconciliation is protected only within the limits in the Act.
• Living together for other reasons, or for longer than those limits, is a question to raise with a lawyer.
• Keep your own record of any periods you lived together and why.

Showing separation to the court

Divorce proceedings are started by filing a Notice of Family Claim (Form F3) in the Supreme Court registry. In an undefended case where divorce is sought, the evidence may be given by affidavit unless the court orders otherwise, so no hearing may be needed. A desk order divorce also needs the Form F38 Affidavit – Desk Order Divorce.

A joint application is made by both spouses together, which removes the need to serve the other spouse. If one spouse applies alone, the case can still proceed as uncontested if the other spouse does not respond after being served. If you and your spouse agree on when and how you separated, a joint application may be simpler, but you should still be accurate about your living arrangements.

The court must also be satisfied that reasonable arrangements have been made for any children of the marriage, including child support.

What to do next

• Decide on and write down the date you or your spouse decided the marriage was over.
• Keep records of how you divided living space, meals, bills and chores since then.
• Note any periods you lived as a couple again and the reason, especially reconciliation attempts.
• Check whether your spouse will apply jointly with you.
• Speak with a lawyer if you share a home and are unsure how a court will treat it.
• Look into free help such as Family Justice Centres, Justice Access Centres or Legal Aid BC.

Check current court forms before you file, because the Form F38 affidavit was amended effective January 19, 2026.

Frequently asked questions