Checklist: Living Separately Under the Same Roof

Have you and your spouse decided to get a divorce but are still living in the same house? There may be compelling reasons to do so — you can’t afford separate places, you want to maintain a stable family situation for your children, proximity to your place of employment, etc.

Your date of separation has legal implications in many states. It can be tricky proving that you are really separated if, for family or economic reasons, you are still living together in the same house.

Here is a checklist of what you should do if you and your spouse are still living together but are separated.

  • Establish and maintain the intent to separate permanently or indefinitely.
  • Use separate bedrooms.
  • Do not engage in romantic or sexual intimacy.
  • Stop wearing wedding rings.
  • Don’t shop for your spouse’s food, prepare his meals, or shop for his clothing and other necessities.
  • Don’t let your spouse shop for you, and don’t use his food or other purchases.
  • Do not eat meals together, except for special occasions such as holidays or children’s birthdays.
  • Make each spouse responsible for caring for their own space within the home, such as a bedroom.
  • Make each spouse responsible for doing their own laundry.
  • Use a separate and secure computer.
  • Use a separate and secure telephone/cell phone for personal and business calls.
  • Establish separate checking accounts.
  • Cease socializing together, e.g., do not attend parties, movies, theater, etc. together.
  • Do not attend church together.
  • Where there are minor children, interact as parents only where strictly necessary from the children’s perspective and their well-being, e.g., meeting with school officials. If you both attend your child’s game, don’t sit together.
  • Don’t give gifts to your spouse for birthdays, Christmas, anniversary, Valentine’s Day, etc.
  • Let close associates and relatives know that you are not living as man and wife, but are separated within the residence.
  • Have a third party come to the home from time to time to personally observe the two spouses’ separate and distinct living quarters (bedrooms, bathrooms, etc.).
  • Utilize separate entrances to residence if feasible.
  • Be prepared to explain why you are living separately under the same roof, e.g., financial considerations; unavailability of separate residence; easing children’s transition to parental separation, etc.
infographic of information in blog

273 thoughts on “Checklist: Living Separately Under the Same Roof”

  1. I’m wondering if legal separation forms available online would hold up in court if one of the parties don’t live up to the arrangements made for separation while living under the same roof. Anyone has any idea? Thanks.

    1. If you file all the documents required to go through a legal separation (property settlement, setting support, custody arrangements) and the documentation is accepted by the court, then it is enforceable in court.

  2. Hi, my situation sounds similar to another comment. My husband has been ill since 2011 with testicular cancer and end state kidney disease. He has been fairly non-compliant with his treatments, dialysis, healthcare etc., and I have been his caregiver over these years. Long story short…we are both stressed, overwhelmed and our marriage has been affected tremendously. I have reached a point of wanting to move on because of how he doesn’t handle his business, health, money, etc., and I have had to file bankrupty because I don’t get support. We have a 15 year old daughter together and in my opinion, he hasn’t built a very close relationship with her and I think he is jealous because I have and blames me for his lack thereof. He has stated that he will be moving to Las Vegas to have his parents “help take care of him” and that’s fine, but I’m currently not financially able to move at this time and was wondering if filing a legal separation and staying in the home until I am able, will be a good move. The house is in his name and we have lived in it since 2005, but didn’t get married until 2008. He pays the mortgage, which is behind and I pay everything else. Also, he is on disability and I get a disability deposit for our daughter as well. I’ve tried to help him during his illness, but it’s getting to be a stressful chore that is not appreciated and is causing a lot of drama.

    1. Legal separation is the same as divorce, you go through all the same legal hoops of child custody determination, property settlement and setting alimony and child support, except that at the end you aren’t free to remarry. Your post doesn’t seem to be focused on that kind of a legal move, and I’m wondering what benefit you believe legal separation would give you? I would think that you would end up better off a widow than divorced/legally separated, but perhaps you see something that I don’t. I suggest you get legal advice regarding your particular situation.

  3. Tim, it’s Lynn. Is this you on here using the name Keith? Sounds a lot like you. I love you and I do not have a boyfriend. I have loved you for 29 years. The alcohol is the problem. Please get help. I will fight for you till my dying breath.

  4. I was so thankful to find this discussion group. I am in a completely different jurisdiction (Hong Kong) but there are global themes which we share. I will spare the long backstory but the reality is that people can be abusive and whilst it is perhaps more common for men to physically abuse, the recognition of spousal abuse, by women, through psychological manipulation and verbal denigration is, generally under reported. I was a highly successful academic in a local University and then in 2012 a disgruntled subordinate made a completely false and malicious allegation that I had physically assaulted him at work. No witnesse, no evidence, his word against mine. The word of a local Hong Kong Chinese person against that of a Gweilo (the pejorative term used for white people). The “Rule of Law” in Hong Kong is a bit of a myth. In one month in July 2013, I lost my father, my job, our house that went with the job, and I became a Pariah. On reflection I just do not know how I survived but there is no doubt I became severely depressed and did try to end things. My wife is Hong Kong Chinese and we have two lovely children, 15 and 10. The youngest child is adopted. We have, like my two daughters from a previous marriage a wonderful relationship. I also have a strong relationship with my son and I encourage both of them to be supportive of their mother. So, what is the relevance to this group. Six weeks ago I was served deposition for a divorce based on two years of separation. I could not believe it as we had not been living separately but my wife says that her solicitors and other legal advisors have told her that “living separately whilst in the same house” is a matter for the judge to define within certain criteria. I went to the court on Monday to state that I could not agree to the deposition and the Judge was quite threatening saying that she did not like contested divorces and would award punitive costs against me if I caused her to have to preside over a trial. I do know that despite all I do still love the inner child I saw when I first met my wife. But it has not been an easy marriage. My wife is very “Chinese” to the extent that nothing the children or husband does is good enough. I have been verbally abused all of our marriage. I have had sharp knives shaken in my face with theats of being cut if I cause her to “lose face”. I should point out that in Hong Kong it is the standard practice for most families to have a domestic helper and I had asked her to stop hoovering the guest room at midnight. My wife had ordered her to that for a visitor who was arriving next day. Counterminding an order made by my wife to a maid was behavior punishable by “death” (almost!).

    I am getting better but my confidence and self-esteem have been shattered but not destroyed. From my previous experience of the “Law” in Hong Kong I did not have confidence in being treated fairly and did not know what to do. I am seeing a solicitor tomorrow and one of the key issues is how you define separation when living under the same roof.

    It is very difficult for men in this situation. We are encouraged to walk away “for the sake of the children”. Stereotypes are invoked and reviewing hundreds of emails exchanged over the past couple of years I see my wife portraying herself as the long suffering victim whilst I am the antichrist! This led to increasing social isolation as fair weather friends started to avoid me and I was generally regarded as “mad”. A label has helped me with the diagnosis of severe depression with suicidal intent. But again this is in a society which is very suspicious of mental illness.

    I am not sure that I have anything to contribute to this discussion but it has helped to share my position. I was a highly qualified medical professional who has spent a lifetime helping others and neglected myself for too long. The stereotype alpha male does so much harm to men. We do have feelings and we can be very deeply hurt by vicious words. We can become mentally ill through stress and isolation. I do not know if I am clinging to thought of saving my marriage like a drowning man grasping a life boy in a fierce ocean storm. Do I let go and sink into the depths of the ocean and find peace at last or do I cling on and hope and pray that there will be an end of different nature: the storm quelling and a tropical paradise emerging out of the mist. I am getting better because even the thought my children did not prevent me from doing some very stupid things. Now, I want to survive and give them all my love and care but how do I do that and keep reinforcing the notion that their mother, my wife, is a fundamentally good person who was abused as a child and cannot help herself in the way she behaves now?

    As adults we can understand that and that is why we have therapy. It comes down to “Face” again. Chinese adults do not have mental problems, or issues as we might call them. So the cultural dimension adds extra challenges to these marriage, separation and divorce issues.

    My heart goes out to all those who are having difficulties in relationships particularly where children are involved. I do not how I found this website but it is indeed a comfort to know that I am not alone. Thank you

  5. Hello! I really need advice (non legal)for a very difficult situation. My husband is a serial cheater period but especially with prostitues. And no our sex life isn’t a problem. I’ve gone from giving it to him when(3to6x’s daily)& however he wants it, to me not wanting him to touch me. He is also very verbally abusive .Anyway, my situation is a little different in terms of financial circumstances. We won a settlement for my son & bought a home for my sons special needs & I nor he can kick each other out. I have been assigned financially(less than 30k yearly) to care for my son because I had done so since he was born & the estate insisted I be his caretaker even though I initially turned the offer down. I have always wanted to work & continue my education but without his support I have been unable to do so. He doesn’t want hired help he tells me home is where I belong.

    He quit his job a year into moving into our home (paid for)without consulting with me so now he has no job, doesn’t want to work & it’s been about 7 years now. My check pays the bills along with a small contribution for my sons living expenses. I’ve been caring for my son his entire 16 years of his life. We were told that when a couple divorce that they loose the home granted to my disabled child when that happens & I don’t know why, people live together divorced all the time( & don’t want to ask) So I’ve decided that I would be willing to continue to live together while separate because I want to avoid my son loosing his home. Not to mention he has nowhere to go nor do I. We also have a 10 & 18year old .

    He pretends to agree to separate living but only last about 2 weeks to a month. He seem to see it as an struggle free opportunity to be free & wreckless. We share a car & he questions my every move upon returning even if he just finished with a prostitute that day. I am certain I want a divorce. But the extreme pressure of me potentially causing my son to loose his home is too much. I have tried moving on by telling him I’m done but he found a way to stalk whereabouts & sabatosh all my efforts & personal emails in the past.

    We are capable of getting alone but he is very controlling, angry if I have friends, workout etc. & hostel when it comes to communication. It’s like he’s forcing me to deal with it & makes me feel threatened to move forward. I saw nothing wrong with trying to move on as he should also knowing what can happen if I file for a divorce.

    Again, Im not looking for legal advice, I just need to know a way around this all to begin living my life for me again. I’ve felt trapped due to responsibility & lack of support from anyone for my sons needs. I cannot work even when attempting to do so I’ve been told that I’ve been unemployed too long & every effort Ive made to go to school (because he is home to care for my son)he interfered with by not taking my son to his appointments (which I get scolded for by the estate) when I’m at school forcing me to miss a ton of days to where I couldn’t complete my degree(in nursing).

    He does not help with house work except every blue moon he’ll clean the kitchen counter or a bathroom (out of 4). Then will criticize me for not wanting to be a slave. He says “that’s my job”. We have a nice size home with lots of living areas & 5 bedrooms. All I’ve ever asked was for him to put away the clothes as I washed & folded &I ask for help with more bathrooms. He is also messy & if not for him I wouldn’t need to clean so much even with my 10 year old.

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