Separation under one roof occurs when a couple decides to end their relationship but continues living together. While not an arrangement for everyone, some couples choose it temporarily while working through financial, legal, or parenting matters. Others continue long-term to reduce the costs of maintaining separate homes or to co-parent more effectively, particularly when young children or children with additional needs are involved.
Key Takeaways
- Proving separation while living together may be required for legal or financial reasons, such as divorce applications or Centrelink claims. Factors like separate bedrooms, finances, and social lives help establish separation.
- Parenting arrangements need clear boundaries, and a structured parenting plan can help. Some parents adopt a nesting arrangement, where children remain in the family home while parents rotate living there.
- Financial independence is crucial—separating bank accounts, dividing debts, and agreeing on household expenses can prevent disputes.
- Managing emotional and practical challenges requires open communication, defined boundaries, and a focus on children’s well-being.
- Legal advice is essential to navigate property, financial, and parenting matters smoothly and ensure rights are protected.
Key Considerations When Living Separated Under One Roof
This arrangement impacts several legal and financial matters, including:
- Divorce proceedings
- Property settlements (married and de facto)
- Parenting arrangements
- Child support
- Centrelink benefits
- Health and life insurance policies
If you’re considering this setup, it’s essential to establish clear boundaries and ensure your legal and financial affairs are handled correctly.
When Do You Need to Prove Separation Under One Roof?
Under Section 49 of the Family Law Act, a couple can be legally separated even if they still live together. You may need to prove separation in the following situations:
- If one party disputes the date of separation
- When applying for divorce
- When seeking Centrelink benefits based on a change in relationship status
How to Prove You Are Separated While Living Together
Courts and government agencies consider several factors to determine whether a couple living together is separated, including:
- Ceasing an intimate relationship
- No longer sharing a bedroom
- Maintaining separate living arrangements
- Keeping separate finances and covering personal expenses
- Informing friends and family of the separation
- Avoiding social events as a couple
- No longer assisting each other with household tasks (e.g., cooking, cleaning, laundry).
To update Centrelink on your relationship status, you must complete the ‘Separated Under One Roof’ form (SS293) with Services Australia.
Parenting Arrangements While Separated Under One Roof
Co-parenting in the same household can be challenging. Parents should create clear boundaries, decide on household responsibilities, and outline expectations in a parenting plan to minimise confusion and conflict.
Some families opt for a nesting arrangement, where children remain in the family home while parents rotate living there based on a set schedule. This approach maintains stability for children but requires a high level of cooperation and financial planning.
Financial Arrangements During Separation Under One Roof
Managing finances separately while living together can be complex. It’s crucial to:
- Close or separate joint bank accounts
- Divide shared debts
- Create a budget reflecting individual financial needs
- Establish agreements on household expenses, bills, and child-related costs.
Couples should also review their tax status, asset ownership, and any shared legal obligations, such as superannuation beneficiary nominations or wills. Seeking early legal advice can help clarify these matters.
Managing the Practical and Emotional Challenges
Separation under one roof can be emotionally demanding. To minimise conflict, consider:
- Establishing clear boundaries for privacy and personal space
- Communicating openly and respectfully about responsibilities
- Keeping children’s routines consistent to provide stability
- Using a co-parenting schedule to maintain structure
- Documenting agreements regarding living arrangements and finances
- Seeking legal advice to protect your rights and interests
Conclusion
Living separately under one roof is a practical solution for some couples but requires careful planning and cooperation. Seeking legal guidance early ensures that financial, legal, and parenting matters are handled correctly, helping both parties transition smoothly. By setting clear boundaries and making informed decisions, couples can manage this arrangement respectfully and move forward with confidence.
At Berryman Partners, we know separation and divorce can be stressful. Our family law experts use a proven 3-Step Family Law Process to help achieve the best outcome for your situation. Book a free 15-minute, no obligation call to discuss your situation today .
This blog was written by Senior Associate,
Liz McIntyre
Liz practises in the areas of Family Law, Wills & Estate Planning,
Deceased Estates, Wills disputes and Conveyancing
