You can be legally separated while still living in the same house as your former partner. Australian family law calls this separation under one roof, and it is extremely common, particularly with Illawarra housing costs making an immediate move impossible for many families. The separation still counts towards the 12 months required for divorce, but you will need to prove it, because from the outside your household can look unchanged.
What actually makes you “separated”
Separation happens when at least one of you decides the relationship is over, communicates that to the other, and the marriage-like elements of your life together end. Under one roof, the court looks at practical indicators: whether you sleep in separate rooms, whether you have separated your finances, whether you still cook, eat, shop or do laundry for each other, whether you attend family and social events as a couple, whether the relationship remains intimate, and whether people around you, family, friends and government agencies, know you have separated.
No single factor decides it. A couple can fail some indicators, for example still sharing meals with the children, and still be separated. What matters is the overall picture of two lives that were merged now running in parallel.
How you prove it for a divorce application
If you were separated under one roof for some or all of the 12 months before applying for divorce, you must file an affidavit explaining how the household changed. A sole application needs your affidavit and, ideally, one from an independent witness such as a relative, friend or neighbour who knows the situation. A joint application needs affidavits from both spouses or one spouse plus an independent witness. The affidavit should cover the date and circumstances of separation, the changed sleeping and domestic arrangements, finances, and why you continued living together, commonly the children, money, or the availability of housing.
Practical steps that protect you later
Record the date separation was communicated, in writing if possible. Tell key people, and notify Services Australia if you receive Centrelink payments, since separation under one roof affects your entitlements and Centrelink may ask for similar evidence. Begin untangling finances where you safely can. And keep the date in mind for time limits: for de facto couples, the two-year window for property claims runs from separation, and the date can be contested later, which makes contemporaneous evidence valuable.
Frequently asked questions
Is there a maximum time you can be separated under one roof?
No. Some families live separated under one roof for years. The question is always whether the separation is genuine, not how long the arrangement lasts.
What if my ex denies we were separated?
The court decides on evidence. Contemporaneous records, messages communicating the separation, changed banking, statements from people who knew, usually decide the issue. If you anticipate a dispute about the date, get advice early.
Does sleeping together once mean we are not separated?
Not automatically. The court looks at the whole relationship. But resumed intimacy alongside shared finances and domestic life may indicate reconciliation, and a reconciliation of three months or more restarts the 12-month divorce clock.
Make sure your separation date holds up
The separation date affects your divorce, your property time limits and your Centrelink position, and it is one of the most commonly disputed facts in family law. A 90-minute consultation with Garrison Lawyers settles how strong your evidence is and what to fix now, quietly and inexpensively. Book through our consultations page or call (02) 4210 9288. We act for clients across Wollongong, Lake Heights, Shellharbour, Kiama, the Illawarra and the Shoalhaven.
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This article is general information only, current at the date of publication. It is not legal advice and does not take your circumstances into account. For advice about your situation, speak with a family lawyer.