Separated but Still Living Together: How It Works Under Australian Law

Separation doesn’t always mean moving out. With rising living costs across NSW, many couples find themselves “separated under one roof” - continuing to live in the same home after their relationship has ended.

Under the Family Law Act 1975 (Cth), you can be legally separated even if you remain in the same house. The key issue is whether the relationship has broken down irretrievably, not your physical living arrangements.

So, what does separation under one roof look like in practice?

It usually involves a clear change in the relationship, such as:

• Sleeping in separate bedrooms
• Ceasing a sexual relationship
• Dividing finances (separate bank accounts, no shared expenses where possible)
• Reducing or ending shared domestic activities (like cooking or laundry for each other)
• Presenting yourselves socially as separated

If you later apply for divorce, the Federal Circuit and Family Court of Australia will require additional evidence to prove you were genuinely separated during this time. This often includes affidavits from you and a third party (such as a friend or family member) confirming the change in your relationship.

It’s important to remember that the standard 12-month separation period required for divorce still applies (even if you remain under one roof).

While this arrangement can be financially practical, it can also be emotionally challenging, particularly where children are involved. Clear communication, boundaries, and, where possible, legal advice can make the process smoother.

If you’re considering separation but are unsure about your options, getting early advice can help you understand your rights and obligations - and plan your next steps with confidence.

Contact our Family Law Team today for more guidance.