‍The Ex-Files: When are you legally separated if you still live together in the same house?

Question: My wife and I have been going through a turbulent period and she is insisting we have been separated for months, even though we are still living in the same property, albeit in separate rooms, and have not previously discussed separating. How do I know when we are legally separated, and does this really matter?

Answer: Separation occurs when parties consider that their relationship is at an end, when they are no longer living together as a couple.

In many cases, the separation date will be obvious and uncontentious, for instance, when one of the parties moves out of the family home or communicates their wish to no longer be in a relationship. However, this is not always the case.

To learn about why determining a separation date is important and what some of the relevant factors in determining separation date are, read the full NZ Herald Ex-Files article here.

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