Can You Be Separated While Living Under the Same Roof in BC?

Many couples in British Columbia cannot afford two homes the moment a relationship ends. One person sleeps in the spare room, the bills are still shared, and everyone is under one roof. It is natural to wonder whether you are legally separated at all.

The short answer is that you can be. This article explains how British Columbia treats separation under one roof, why the date matters, and how a few easily confused rules fit together.

This article covers the law of British Columbia.

There is no formal "legal separation" in BC

You do not apply to anyone or file anything to become separated. The province's guidance says there is no such thing as a "legal" separation: if a couple in a marriage or marriage-like relationship stops living together, they are separated.

A lawyer is not required to separate or to get a divorce. Separation is a matter of fact, not paperwork, which is why the facts around the date can become important later.

Separation under the same roof

Under the Family Law Act, spouses may be separated even though they continue to live in the same residence. The court may look at evidence such as one spouse telling the other that they intend to separate permanently.

Provincial guidance adds that a couple can be separated under one roof if a clear intention of permanent separation has been communicated and acted on. In practice, saying it is not enough on its own; how you live afterwards matters too.

• A clear, permanent decision to end the relationship, told to the other person.
• Changes in how you live that match that decision, such as separate bedrooms or separate finances.
• Some record of when and how it was communicated, such as a message or email.

Who counts as a spouse is also worth knowing. A person is a spouse if married, or if they have lived in a marriage-like relationship for a continuous period of at least 2 years. The exception is that, outside property and pension division, an unmarried person who has lived in a marriage-like relationship and has a child with the other person is a spouse even without 2 years together, for example for spousal support. The Family Law Act applies to both married and unmarried spouses for property, debt, support and children.

Why the separation date matters

For married spouses the two-year period for property claims runs from the divorce judgment rather than the separation date. Time limits can have exceptions, so confirm yours with a lawyer.

Two different 90-day rules

Trying to reconcile can complicate the date, and two separate rules apply. Do not merge them.

• Divorce Act: a period of separation is not interrupted by resumed cohabitation totalling not more than ninety days.
• Family Law Act, for property division: spouses are treated as not having separated if, within one year after separation, they live together again with the primary purpose of reconciling and do so for periods totalling at least 90 days.
• If the reconciliation is shorter than 90 days, or its main purpose was not to reconcile, the original separation date stands for property division.

The two rules are separate: the Divorce Act rule deals with the one-year separation period for divorce, while the Family Law Act rule deals with the separation date for property division. How they apply to your situation is a good point to get advice.

Children, agreements and next steps

Each parent who lived with the child is a guardian, including after separation, and moving out does not itself end guardianship. Staying in the home or leaving does not change that.

A lawyer is not required to make an agreement, but the province says it is very important to speak to one before signing a document that settles matters with a spouse.

• Write down the date you told your spouse the relationship was over and how you did it.
• Note changes in living arrangements since then.
• Keep records of debts taken on before and after that date.
• Note the date of any attempt to reconcile and how long it lasted.
• Get legal advice before signing any separation agreement.

Frequently asked questions