Separated Under One Roof? Here’s What You Need to Know

More couples are choosing to remain in the same home after separation due to financial pressures, co-parenting, or housing shortages. In NSW, this is known as separation under one roof and while it’s legally recognised, you’ll need to prove it to apply for divorce or access Centrelink support. This guide explains how to demonstrate genuine separation, meet legal requirements, and protect your financial and parenting rights.

What Does ‘Separated Under One Roof’ Mean in NSW?

In NSW, being “separated under one roof” means you and your partner have officially ended your relationship, even though you’re still living in the same home. This is increasingly common due to financial pressures, housing shortages, and parenting responsibilities.

Legally, separation isn’t about who leaves the house it’s about the intention to end the relationship and the actions that show it. The law recognises that couples can live under one roof but lead completely separate lives.

The Family Law Act 1975 allows this arrangement, but if you later apply for a divorce, you’ll need to prove that genuine separation occurred while living together. The court looks at the nature of your relationship and whether you’re still sharing daily life as a couple or truly living apart under the same roof.

Can You Get Divorced While Living Together?

Yes you can. In Australia, couples must prove they’ve been separated for at least 12 months before applying for divorce, even if they’ve remained in the same home.

When applying for divorce, the Federal Circuit and Family Court of Australia (FCFCOA) will ask for supporting affidavits from you, your partner, and possibly a third party. These must describe your new living arrangements, finances, and social behaviour to demonstrate separation.

How to demonstrate Separation Under One Roof

While you may feel your relationship is clearly over, the court requires evidence to confirm it. In NSW, it’s not enough to simply say you’ve separated; you must demonstrate that your lives have become independent, even while living in the same home.

Here are key indicators the court considers when assessing separation under one roof:

Separate Sleeping Arrangements

• You and your former partner no longer share a bedroom.

Independent Finances

• You have separate bank accounts.
• Each person pays their own expenses, bills, and groceries.
• Any joint accounts are used only for specific shared costs (like rent or children’s needs).

Separate Domestic Responsibilities

• Each person cooks, cleans, and shops independently.
• There’s a clear division of responsibilities showing you no longer function as a couple.

Social and Family Conduct

• Friends and family know you’re separated.
• You don’t socialise as a couple or attend events together.

Administrative & Legal Updates

• You’ve updated your wills, superannuation beneficiaries, or insurance policies.
• You’ve notified institutions like Centrelink, and your bank of the separation.

Third-Party Affidavits

• A friend, relative, or neighbour can provide an affidavit confirming they’ve observed your separation.

Affidavits and Legal Requirements for Divorce

When you apply for divorce after being separated under one roof, the court doesn’t just take your word for it, a formal affidavit is required to explain your situation. The affidavits act as sworn statements, helping the Federal Circuit and Family Court of Australia (FCFCOA) understand how and when your relationship ended, even though you continued living together.

Who Needs to Provide Affidavits

• In a joint divorce application, both partners must provide an affidavit describing how their relationship changed and what steps they took to separate.
• In a sole application, you’ll need your own affidavit plus one from a third party, usually a friend, relative, or neighbour who can confirm your separation and what they’ve observed.

What to Include in Your Affidavit

The court is looking for practical, factual details not emotions or opinions. Affidavits typically include:

• The date of separation and how it was communicated.
• Changes to living arrangements, such as moving into separate bedrooms.
• Details of financial independence (separate bank accounts, bill payments, and household expenses).
• How you represent yourselves publicly for example, letting family and friends, know you’re separated.
• Any arrangements for children, including shared care or household routines.

Separation Under One Roof and Centrelink

Centrelink recognises separation under one roof. However, you’ll need to provide evidence to qualify for parenting payments or family tax benefits.

You’ll be asked to complete Form SS293 – Separated Under One Roof, which considers evidence across five main areas:

• Financial aspects – Whether you share money, bank accounts, bills, or assets.
• Household arrangements – Who cleans and does household maintenance?
• Social aspects – How you present your relationship to family and friends.
• Parental responsibilities – How you share care of any children.

Financial Considerations

Even though you might share a home, you’re now two separate households in the eyes of the law. To reflect that, you should:

• Separate your bank accounts and avoid using joint funds except for shared expenses (like rent or utilities).
• Agree on who pays which bills and keep a record of payments.
• If you share a mortgage, document contributions to repayments and upkeep.
• Avoid new joint financial commitments (like loans or credit cards).
• Review your insurance, superannuation beneficiaries, and wills—these often still name your former partner.

If disputes arise about who pays what, or one person refuses to contribute fairly, you can apply for interim financial or property orders through the Federal Circuit and Family Court of Australia (FCFCOA). These temporary arrangements help protect your financial stability until a final property settlement is reached.

Co-Parenting under one roof

For many separated couples, staying in the same home is about keeping life stable for the children at least in the short term. However, co-parenting under one roof only works when both parents respect clear boundaries.

It’s important to consider:

• Setting structured routines for school, bedtime, and shared activities.
• Communicating through written messages or shared apps to reduce tension.
• Keeping discussions about parenting focused and civil, especially in front of children.
• Avoiding arguments in shared spaces, Children are often more perceptive than we think.
• Seeking a parenting plan or court-approved parenting order if informal arrangements break down.

Maintaining a respectful environment shows the court (and your children) that both parents can act in the child’s best interests, a key consideration in NSW family law.

When to Seek Legal Advice

If financial stress or conflict is escalating, don’t wait until it becomes unmanageable. Family lawyers can help negotiate temporary agreements about bills, parenting schedules, and living arrangements. At Orman Solicitors, we regularly assist separated couples across NSW to document fair financial and parenting terms, reducing conflict and helping each person move toward genuine independence. Contact us discuss your options.

Read Next: 12 things you should do when you separate

Key Takeaways

• You can be legally separated while living under one roof in NSW.
• The court requires clear evidence of separation, including affidavits and lifestyle changes.
• Centrelink also recognises this arrangement but requires proof for benefits.
• Financial and parenting boundaries are essential for protecting your rights.
• Legal advice can help formalise arrangements and reduce conflict.

Being separated under one roof doesn’t mean you’re stuck or powerless. NSW law recognises your situation and with the right legal guidance, you can protect your future, formalise your separation, and take confident steps toward independence.