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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101409
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Quebec Seperation Belden Family I was reading that in order

Customer Question

Quebec Seperation Belden Family
I was reading that in order to be considered seperated, one must live out of the shared dwelling for at least a year. Having said that, I have one biological son and two step sons. How can I move out and leave my biological son with the other spouse and step kids. In this type of scenario, is there any other consideration for seperation. Sleeping in seperately rooms etc?
My spouse receives child support from her ex-husband already. She does not work.
Thanks for helping
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

What you have read it is not correct. Or, you have misunderstood what you read. In any event it is most assuredly possible to live separate and apart in the same home. In fact it is quite common.

So long as you hold yourself out as separated, stop making decisions together, stop living an interdependent way both socially, as well as financially, you will be able to prove that you have lived separate and apart.

Does that help?

Customer: replied 1 year ago.
It does help but the financial part doesn't make sense. I have to pay the met gage and the bills...she doesn't work.
Customer: replied 1 year ago.
Mortgage. ..sorry about the typo
Customer: replied 1 year ago.
Interdependent. ..Does this mean that I should no longer bring my step kids to events, school etc. No dinners together in the shared dwelling? I would need to understand this much better. Thank you.
Expert:  Legal Ease replied 1 year ago.

You can bring your kids to events together as many do that who are separated.

And you can eat meals to dinner when you are home.

But you need to start living as if you are separated and simply being in separate bedrooms will not be enough.

In terms of the finances you should be seeing a family lawyer and considering working out a separation agreement. What you pay should be spousal support pursuant to an agreement as then you will be able to deduct those payments from income.