How Can I Be Separated While Living Under the Same Roof as My Spouse?

The State of Pennsylvania allows couples to legally separate even while they’re living under the same roof, as long as they’ve ceased “cohabitation” and one party has clearly demonstrated the intent to dissolve the marriage. In some cases, you may need to prove precisely when your date of separation was. It can be more challenging to prove the date of separation while you’re living under the same roof as your former spouse. However, you can do so by demonstrating a “shift” in the marital relationship toward individual and separate lives, and documenting the changes.

How can I prove “intent to separate”?

Some examples that the court will take as proof of your intent to separate include:

• Separate living arrangements in the same house – If one spouse moves into a different bedroom within the home, that can be taken as “intent to separate” even if the spouses live under the same roof. Maintaining separate personal spaces and belongings within a shared home is clear evidence of the desire to separate.

• Changes in shared activities – Couples who stop participating in shared meals or no longer prepare meals for one another can be evidence of separate living. In addition, no longer attending social functions, family outings, or vacations as a couple can prove separate living.

• Shifting financial independence – Spouses who establish different bank accounts and manage their individual finances separately can prove that they are living independent lives. In addition, dividing household expenses and assuming individual responsibility for personal costs is also a sign of living separate lives. You’ll want to document all attempts to gain financial independence, such as seeking the advice of a financial counselor.

• Clearly communicating your intent to separate – You’ll want to document verbal or written communication that explicitly states one spouse’s intention to end the marriage. Emails, texts, or a documented conversation can be enough to prove your intent to separate.

• Behavioral changes that reflect separation – You can establish that you intend to separate by no longer wearing your wedding ring, refusing to engage in intimacy, informing family and friends about the separation, or making changes to your legal documents (such as wills or insurance policies) that reflect your separation.

• Witness statements – Statements by friends, family, or neighbors who can testify that they observed changes in the couple’s relationship and living arrangement can be used as evidence of separation.

It’s important to remember that demonstrating separation consistently over time is essential. The more evidence you can provide to support your claim that you are genuinely living separate lives, even though you live in the same house, the better off you’ll be and the stronger your argument will be for legal separation. It is recommended that anyone who is pursuing a divorce should consult with a Philadelphia family lawyer for the best results.

Talk to a Philadelphia, PA, Family Lawyer Today

The Law Offices of Lauren H. Kane represent the interests of Philadelphia residents who are pursuing a divorce. Call our Philadelphia family lawyers today to schedule an appointment, and we can begin discussing your goals and concerns right away.