Yes, you can legally separate while living together if you maintain separate lives under the same roof
In Ontario, couples can be considered legally separated even while sharing a home, provided they demonstrate a clear breakdown of their marriage or relationship. This arrangement, known as “separation under the same roof,” requires couples to establish distinct living patterns.
To prove a valid separation while cohabitating, couples must demonstrate:
- Sleeping in separate bedrooms
- Maintaining separate finances and bank accounts
- Preparing and eating meals separately
- Dividing household responsibilities independently
- No longer presenting themselves as a couple socially
- Communicating to family and friends about the separation
This living arrangement often occurs due to financial constraints or co-parenting responsibilities. However, couples should document their separation date and living arrangements to support any future legal proceedings.