Can my spouse and I be considered to have entered into a legal separation in Ontario even though we are living in the same house?
Yes. According to Ontario law both you and your spouse can be considered to be legally separated in Ontario regardless of the fact that you are living in the same residence. This, however, depends on the facts that surround your current relationship.
If it is your position that, although you and your spouse are living at the same residence, you are legally separated in Ontario, and your spouse is denying or claiming otherwise, the courts usually will require clear evidence that you are no longer in a spousal relationship. Some of the factors used in order to determine if you and your partner have a legal separation in Ontario include, but are not limited to the following:
- Do you still engage in physical intimacy?
- Do you still engage in social activities together?
- Do you and your spouse do household chores for the other (such as cooking, housekeeping, laundry, etc.)?
- The court may take into consideration evidence that illustrates the intent of the parties. In other words, did you in fact hold yourself out to your friends and family as separated, as opposed to maintaining the status of the relationship to third parties. For example, were forms of any kind completed stating that you are “separated” as opposed to “married."
If you are unsure of whether or not your circumstances constitute a legal separation in Ontario, contact our Toronto family lawyers at Krol & Krol at 905.707.3370 for more information with respect to a legal separation in Ontario and to schedule a consult to discuss legal separation in Ontario.
