Can you live together and be legally separated in Alberta?

Asked by: Prof. Stanford Hauck DDS  |  Last update: November 1, 2025
Score: 4.2/5 (39 votes)

In Alberta, you're considered legally separated when either you or your partner expresses a clear intention to end the relationship, and you begin living “separate and apart.” This doesn't necessarily mean one of you has to move out—living under the same roof while leading separate lives can still count as separation ...

Can you be legally separated and live in the same house in Alberta?

Due to financial or other family circumstances, you and your spouse may decide to live in the same home during the year of separation. You'll be required to provide evidence that you were separated during that time.

What happens if you are separated but living together?

You can be considered separated from your spouse even if you still live in the same house. But you might have to prove to a court that you've actually separated if: you've ended your relationship, but. you're still living together (to save money on bills, for example).

Why is legal separation being discouraged?

Disadvantages of Legal Separation

Since you are still legally married, you cannot marry someone else. If you meet a new partner and want to remarry, you will need to get divorced first. Even though you maintain separate residences, your finances might still be tangled.

What is the first thing to do when separating?

The First 5 Things To Do When Separating
  1. Step 1: Select a Divorce Attorney.
  2. Step 2: Determine Grounds For Divorce.
  3. Step 3: Understand State Laws.
  4. Step 4: Financial Assessment.
  5. Step 5: Nurture Your Well-Being.

Legal Minute- Separation While Living Together

32 related questions found

What is silent divorce?

In a silent divorce, the couple is legally married, but they have lost the emotional bond they once had. Although they live together and appear to have a regular marriage, they live separate lives. The couple typically lives in the same house but has limited to no interaction.

How to separate from a spouse while living together?

How to Separate from a Spouse While Living Together
  1. Create Physical and Emotional Boundaries.
  2. Navigate Social Interactions Carefully.
  3. Dividing Monthly Expenses Fairly.
  4. Safeguarding the Future.
  5. Parental Roles.
  6. Protecting Children's Emotional Health.
  7. Maintaining Household Stability.

What happens if you separate but never divorce?

In a legal separation, you stay married but the court divides your property and debts and makes orders about financial support. If you have children together, you can also ask for orders about their care and support. You can ask the judge to make orders about: The division of your property.

Who suffers the most in a separation?

Both ex-spouses take a loss, but typically, men suffer a larger hit to their standard of living than women — between 10 and 40% — due to alimony and child support responsibilities, the need for a separate place to live, an extra set of household furniture and other expenses.

Does a husband have to support his wife during separation?

A: No, spousal support is not mandatory in California and is fairly uncommon in divorce cases. If couples have been married for a long duration or one spouse makes substantially more than the other, the court may award support to the lower-earning spouse.

Does sleeping in separate rooms count as separation?

You might be able to meet the separation requirement in some states even if you're still living under the same roof as your spouse, as long as the two of you are living completely separate lives, are sleeping in separate bedrooms, and aren't having sex.

What is the walkaway wife syndrome?

“Walkaway wife syndrome emerges whenever a wife who is emotionally detached and unhappy abruptly breaks off her marriage,” says Holly J. Moore of Moore Family Law Group. “It may seem abrupt to the [partner] but women generally think about divorce for several years before actually leaving.

What is birdnesting divorce?

Birdnesting divorce (also called bird's nest custody or just birdnesting) is a living arrangement that keeps children in the family home while parents take turns living there. When a parent is not in the family home, they live elsewhere.

How do I start a separation process in Alberta?

There is no formal process required in Alberta to become “legally separated” from one's spouse. Being separated simply means that spouses have actively decided to live separate and apart. Being separated for one year is one of the grounds for divorce in Alberta.

Who gets to stay in the house during a separation?

Because California is a community property state, if the couple bought the house while they were married, they both have an ownership stake in it, and neither can compel the other to leave.

What is a desk divorce in Alberta?

Desk divorces are a way of getting a divorce in Alberta that does not involve a court appearance. It is because the paperwork is looked at by a judge outside the courtroom, at his or her desk, that is why it is referred to as a desk divorce. This process puts a legal end to your marriage.

Should you sleep with your husband while separated?

In this situation, it's not wise to get down and dirty with your separated spouse. Engaging in intimacy during separation can lead to emotional complexities if either partner is involved with someone else or uncertain about reconciliation.

Who benefits more in a divorce?

Economic quality of life. Ultimately, the overall economic quality of a man's life, based on earnings and amount spent on living expenses, increases after his divorce. He continues to earn more but bears fewer family expenses. The overall economic quality of a woman's life, post-divorce, decreases.

Who regrets divorce more?

A quick scrolling of what the engines and algorithms are producing on-line indicates that both men and women regret divorce, with a higher percentage of men admitting to that debilitating emotion. The initial glance stands at 27 percent of women owning up to regret post-divorce vs. 39 percent of men.

Can a married couple live together but be separated?

Many couples choose to continue to live together because it is less expensive or because they are waiting to see what the custody agreement will be regarding their children. Whatever the reason, couples can live under the same roof and still be legally separated in California.

How to separate when you can't afford it?

What To Do To Prepare for Separation When You Can't Afford It Yet
  1. Establishing separate checking, savings, and credit card accounts under your name. ...
  2. Get separate cellphone accounts to maintain your privacy: Keep in mind, cellphones store a significant amount of information (emails, text messages, etc.)

Why would someone want to separate but not divorce?

A separation allows time to work through some of the details of your finances and budget before deciding if divorce is inevitable. Many times, benefits such as health, dental, and life insurance can't continue for a family after a divorce, or become unaffordable.

Can my wife and I live separately?

LAT living situations vary. Some couples live in different apartments in the same building or on opposite sides of a neighborhood. Other duos live in entirely different cities or even states. A lot of couples choose to live apart together intentionally and believe this setup improves their relationship or marriage.

Is it okay to date while separated?

The answer is yes, after you have legally separated, you are free to date as if you are not married. But the truth is, you should be careful. Anything beyond casual socializing may complicate the divorce process and even negatively affect the outcome when it comes to finances and child custody.

What is the first thing to do when separating from your husband?

Here are some immediate steps to take and things to start doing as soon as you've made your decision:
  1. 1) Gather Documents & Keep Records. ...
  2. 2) Open a Separate Bank Account & Create Your Own Budget. ...
  3. 3) List Property & Other Assets. ...
  4. 4) Plan the Logistics of Your Exit. ...
  5. 5) Contact a Divorce Lawyer. ...
  6. 6) To Tell Your Spouse Or Not.