Date of Cohabitation

The date of cohabitation is the date that two people began living together in a marriage-like relationship. See What is a “marriage-like relationship?

Date of Separation 

The date of separation is the date that those people stopped living together in a marriage-like relationship.

Whether you’re married or in a common law relationship, it is important to consult with a family lawyer to confirm your specific date of cohabitation and date of separation because these dates are determined on a case-by-case basis.

It is possible for parties to remain in a relationship despite living apart, and it is also possible to be separated while remaining in the same residence. It isn’t uncommon for people to separate but remain in the same household in a non-marriage-like relationship, whether for financial reasons or for the parties’ children.

The date of separation is usually the date that one of the parties expressed an intention to end the relationship and took steps to confirm that intent (such as sleeping in a separate bedroom or filing his or her income tax returns as “Separated”). The date of separation may change if you and your spouse temporarily reconcile.

These dates can have important implications, including (but not limited to):

• whether a common-law spouse is statute-barred from making a claim for spousal support or the division of property and debts because more than two years has passed since the date of separation;
• whether a spouse is entitled to spousal support;
• the amount and duration of spousal support that a spouse is entitled to;
• what debts qualify as “family debts” that both parties are presumptively equally responsible for; and
• which assets qualify as “family assets” that both parties are presumptively equally entitled to.

Here is a hypothetical example of a couple’s date of cohabitation and date of separation:

Two people start living together on August 1, 2012 and have a child shortly thereafter. They never get married and they begin to grow apart over time. They try couples’ counselling, but finally agree that their relationship is over on January 1, 2018. The father moves into the basement, and the parties do not reconcile at any point after January 1, 2018.

Despite the fact that the parties remained at the same address, the date of separation is January 1, 2018, and these spouses would have until January 1, 2020 to file a Notice of Family Claim seeking spousal support or the division of family property and debt. (There are no deadlines to seek orders regarding children, such as parenting arrangements or child support.)

If one of the parties moves out of the family residence on January 30, 2020, he or she might think that the date of separation is January 30, 2020, and there is plenty of time to seek spousal support and the division of family assets and debts. However, they could be statute-barred from making these claims because more than two years has passed since the “date of separation.”

Like most legal issues, there are exceptions to every rule and there are equitable remedies for unjust enrichment or constructive trusts. Determining the date of separation can be very subjective because it requires more than just a declaration from either of the parties that the relationship is over. If either of the parties continues to financially rely on the other or they otherwise continue to act as though they’re in a “marriage-like relationship” after separating, their situation could become very complicated. This is why it is important to consult with an experienced family lawyer if you or your spouse are even considering separating.

See Am I in a common law relationship?, Are there deadlines to seek orders in family law?, and What is a “marriage-like relationship?