Ask a Lawyer – “My spouse and I have been living under the same roof but living our own lives. Does this count as “living separate and apart” for the purpose of a divorce?”

With financial pressures, it is becoming increasingly common to live together post-separation. In fact, the Ontario Supreme Court addressed this issue in the decision McBennett v Danis. The couple lived separate and apart, but under the same roof; in order to determine whether a couple is living “separate and apart” for the purpose of a…

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