The Definition of ‘Separated’ in Alberta

The timing and circumstances of your separation are crucial in the event of a breakdown in an intimate relationship, as they can influence spousal or partner support and the resolution and quantification of property claims.

The concept of living “separate and apart” has been defined by both a lack of consortium and a breakdown of the marriage (or an adult interdependent relationship if the parties are unmarried).

Importantly, both parties do not need to intend to live separately; the intention of one party is sufficient, provided there is objective evidence of this intent communicated to the other party.

Often, after a relationship ends, the parties may continue to live under the same roof. Whether they are considered to be living separate and apart in the same home depends on various factors, including their unique relationship routines, social habits, and living arrangements, judged against the extent to which these factors have changed.

Relevant considerations that courts have taken into account include:

• Where the parties sleep and eat
• Whether the parties engage in sexual relations
• Whether the parties have been involved romantically with others
• Whether the parties share domestic responsibilities or household facilities
• Whether the parties engage in family, social, recreational, or travel activities together
• The nature and content of the parties’ communication
• How the parties present themselves to third parties, including family, friends, the community at large, and in government records
• Whether the parties have a valid reason for living under the same roof
• The extent to which the parties have separated or changed their financial affairs
• Whether the parties have engaged in counselling or mediation
• Whether the parties have taken legal steps to terminate their relationship
• Determining whether you are legally separated is a fact-based analysis that will vary from couple to couple.

None of the factors above are weighed heavier than others.
The overall assessment of whether you are living separately and apart will be looked at holistically.