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Do I have to move out of the family home to separate from my spouse?

No. This is what often occurs, but it is not necessary and in many cases may not be in your interests. Before deciding to move, seek legal advice.

In British Columbia, you can be considered separated even while continuing to live in the same home.

Whether spouses are considered to be separated in such circumstances requires the application of a factually driven legal test set out in the case law. Difficulty can arise when one spouse argues that that parties were separated and the other claims that they were not.

If you continue to live in the same residence of your spouse but want to ensure that you are recognized as separated, seek legal advice to ensure that you will be able to demonstrate separation as of a specific date even if your spouse later disputes the date of separation.

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