You may be considered to be living separate and apart while continuing to live in the same home, consult a lawyer.

 

Factors to Consider in Determining the Date of Separation 

The relevant principles that emerge from the case-law to determine the date of separation, include:

• Whether there has been continued sexual relations between the parties.
• Whether the parties have continued to participate in joint social activities.
• Whether the parties spent vacations together.
• Whether the parties continued to share and participate in each other’s daily routines as in the past, such as eating meals together and sharing household chores.
• Whether the parties have celebrated special occasions together, such as birthdays and anniversaries.
• Whether the parties have purchased gifts with each other.
• Whether the parties have supported each other with respect to extended family obligations.
• Whether the parties described their status on documents such as Income Tax Returns as separated.
• Whether there have been any changes in the way the parties manage their financial affairs, including whether they have taken steps to separate their financial dealings

 

Consult a divorce and family lawyer about your rights and obligations.

 

 

 

 

 

 

 

 

 

 

 

 

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