Separated But Living Together – Can it Work?
If you are married or in a civil partnership and are now separating or looking to be legally separated, Hepburn Delaney’s specialist team of divorce solicitors can help you. You may have already agreed to separate or may be considering a trial separation. Maybe you have decided that one of you will move out for a while to have a break from the situation. Or perhaps you would like to separate but stay living together and make it work
Living together during a separation can be a very difficult time. Our expert family solicitors will make sure you are fully advised at each stage of the process, enabling you to make the best decisions for you and your family.
When you decide to separate from your spouse or civil partner one of you may want to move out of the family home. However, this may not be achievable; at least not initially. Financially it may not be possible to sustain two separate lives. Some people choose to remain married, living separately, in the same house to maintain a family environment for the children. Some people may not want to end the marriage legally and formally yet as they are still unsure about the decision.
Living together during a separation can be a very difficult time. Our expert family solicitors will make sure you are fully advised at each stage of the process, enabling you to make the best decisions for you and your family.
Divorce & Dissolution Separation Advice
A couple can be treated as separated even if they live in the same property. What you should be aware of is that if you later decide to divorce or dissolve the civil partnership then you will need to demonstrate to the court that you have maintained separate lives during that period. The way you have been living will be reviewed by the court. Separated but living together in the eyes of the law means you must maintain separate households. Essentially, this means you must lead separate lives, despite the fact you are living under the same roof.
Key Aspects of Living Separately
Our highly skilled team can advise you which areas of your living arrangements need to be kept separate in order to legally comply with the definition of being separated but living together. For instance, you must no longer share the day to day activities of the household, such as:
- Sharing a bedroom
- Sharing food shopping
- Cooking for each other
- Eating meals together
Our team of experts will advise you so that you can plan the next step.
Legal Separation Agreements
You may wish to record any agreement in a Separation Agreement. A Separation Agreement is a legal agreement made between two people who have separated. The agreement usually sets out financial agreements and plans for the children.
If you are currently living (together or separately) in a rental property owned by one of you, or one of your family members, this should also be noted in the agreement, to avoid any confusion in the future. You should also know that the separation agreement does not end the marriage or civil partnership. For more information, please read our previous blog post on legal separation agreements.
Claiming Benefits When You Are Separated but Living Together
If you are separated but still living in the same property, you may be able to claim certain benefits as a single person rather than as a couple. Whether this is possible depends on how the Department for Work and Pensions (DWP) views your living arrangements in practice, not simply based on your address.
When assessing your claim, the DWP will look at whether you are living together as a couple. This includes factors such as whether you share finances, support each other financially, run the household jointly, or present yourselves publicly as partners. The more independent your arrangements are, the clearer it is that you are no longer a couple for benefits purposes.
It is important to be open and accurate when making a claim. You should explain that you are separated but living under the same roof and be prepared to provide evidence of your separate finances and living arrangements if asked. Getting advice before making a claim can help you avoid delays or challenges later down the line.
If you are separated but living together, considering separation, legal separation, or divorce our team at Hepburn Delaney Solicitors in Hemel Hempstead can help you make the best decision for you and your family.
Please contact us on 01442 218 090 or email us at info@hepburndelaney.co.uk.
