Can we be legally separated while still living in the same house?
“We’re Separated… But Still Living Together. Is That Even Legal?”
The information in this blog is provided for general educational purposes only and does not constitute legal advice. Every family situation is unique, and laws can change — so before making any decisions that could affect your rights or obligations, please speak with a qualified Ontario family lawyer. At Passageway Law, we're happy to help you understand how the law applies to your specific circumstances.
So, the relationship is over. You’re no longer a couple in any meaningful way — except for the awkward fact that you’re still brushing your teeth in the same bathroom and crossing paths in the hallway like coworkers at a mildly hostile office. Welcome to the increasingly common world of separation under the same roof.
At Passageway Law, we get this question all the time:
“Can we be legally separated even if we’re still living in the same house?”
Short answer? Yes, you can.
Longer answer? Keep reading.
What Does “Legally Separated” Mean in Ontario?
In Ontario, you don’t need to move out or file special paperwork to be considered separated. There’s no formal process like getting a “separation certificate.” Instead, separation starts when at least one person has decided and communicated that the relationship is over — and both parties start living “separate and apart.”
Yes, even while still under the same roof.
The key is not the walls that divide you — it's the way you're now living your lives. If you’re no longer acting like a couple (emotionally, financially, socially), then you may already be legally separated.
Why does the “date of separation” matter?
In Ontario, the date you and your partner officially separate isn’t just a personal milestone — it’s legally important too. Why? Because two big pieces of legislation come into play: the Divorce Act and the Family Law Act.
Under the Divorce Act, your official separation date helps determine whether you’re eligible to get divorced, and it plays a role in assessing things like spousal support.
Then there’s the Family Law Act, which kicks in when it’s time to divide property. That same separation date becomes your valuation date — the reference point for calculating each person’s net family property and figuring out how to fairly equalize assets. It’s also crucial for deciding spousal support when it comes to common-law relationships.
So yes, that date matters — even if you’re still arguing over who said “it’s over” first.
Why Do People Separate But Keep Living Together?
We get it — housing is expensive, especially in Ontario. Rent prices are sky-high, and buying a new place overnight isn’t exactly realistic for most people. Throw in shared bills, kids, and a mortgage, and many couples decide to tough it out together (separately) under the same roof — at least temporarily.
From a legal perspective, this is completely acceptable, as long as the separation is genuine and you’re both moving forward as individuals.
What Does “Living Separately Under One Roof” Actually Look Like?
Good question — and an important one. Courts look at several factors when determining if you’re truly separated, including but not limited to:
The intentions of the parties (at least one spouse must intend to be living separate and apart).
Separate sleeping arrangements (no, the guestroom counts only if you actually use it).
The presence of absence of sexual relations (the presence of which while the couple is still physically living together will be a strong indicator that they continue to cohabit in a conjugal relationship, but may not be determinative).
Independent finances: Are you still sharing bank accounts or paying your own way?
Separate social lives: Have you told your friends and family you’ve separated?
Day-to-day independence: Are you cooking your own meals, doing your own laundry, avoiding that awkward moment when you both reach for the last slice of pizza?
You don’t need to tick every box, but the more your day-to-day life reflects independence, the clearer the separation becomes.
The Role of a Separation Agreement
While you don’t need an official form to be separated, a separation agreement is often the smartest next step — especially if there are children, property, or support payments involved.
This legally binding document can spell out:
Parenting arrangements
Division of property and debts
Spousal support
Who’s responsible for which bills (and who gets the dog)
At Passageway Law, we help couples draft clear, fair separation agreements — even when they’re still sharing an address.
Bottom Line?
Yes, you can be separated while still living in the same home. It’s awkward, it’s not always easy, but it’s entirely possible — and legally valid. Just be sure you’re treating each other as independent individuals, not like a couple in limbo.
And if you're not sure where to start — whether it’s clarifying your legal status, creating a separation agreement, or figuring out the next step — we’re here to help.
At Passageway Law, we specialize in turning complex family transitions into manageable, human-centered solutions. No judgment, no legal jargon you can’t understand — just honest guidance that helps you move forward.
Ready to talk it through?
Contact us — we’ll help you navigate this new chapter with clarity, compassion, and a little bit of humour (because let’s face it, you probably need it).