Separated Under One Roof Australia: Complete 2026 Legal Guide

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Five Factors Separation Assessment

Evaluate your separation evidence strength based on the criteria used by Services Australia and the Family Court

Disclaimer: This assessment is for informational purposes only and does not constitute legal advice. Results are indicative only. Please consult a qualified family lawyer for advice specific to your situation.

What Does “Separated Under One Roof” Mean in Australia?

Separation under one roof is a legitimate and increasingly common arrangement in Australia. Whether driven by financial necessity, children’s wellbeing, or practical constraints, this living situation is fully recognised by Australian family law and government agencies.

Key Takeaways:

Legal Recognition: Section 49(2) of the Family Law Act 1975 explicitly recognises separation under one roof
Documentation is Critical: Thorough evidence across all five assessment factors strengthens your position
Centrelink Support Available: The SS293 form allows you to claim appropriate single-rate payments
Divorce is Possible: You can divorce after 12 months separation even while living together
Professional Support Helps: Mediation reduces conflict and costs while achieving better outcomes

Separated under one roof is a legally recognised arrangement in Australian family law where a couple has genuinely ended their relationship but continues to reside in the same home. This situation—sometimes called “separation under the same roof” or “living separately under one roof”—occurs when former partners share accommodation despite their romantic relationship being over.

Under Section 49(2) of the Family Law Act 1975, Australian law explicitly acknowledges that couples can be separated while still living together. The legislation states that parties may be considered separated “notwithstanding that the cohabitation was brought to an end by the parties continuing to reside in the same residence.”

According to the Australian Government Social Security Guide, a person living in the same residence as their former partner is considered “separated under one roof” where:

There is a genuine breakdown in the relationship
One or more parties have no intention to reconcile
The separation involves more than physical distance—it requires a destruction of the relationship on a permanent or indefinite basis

This arrangement has become increasingly common in Australia, with financial pressures, housing affordability challenges, and children’s welfare driving many couples to continue sharing a home after their relationship ends.

Why Do Couples Choose to Live Separated Under One Roof?

Understanding why couples remain in the same home after separation helps contextualise this growing trend in Australian family law.

Financial Considerations

The cost of living crisis has made separation under one roof more prevalent than ever. According to the Australian Housing and Urban Research Institute (AHURI), rental affordability has declined significantly, with many Australians spending more than 30% of their income on housing. For separating couples, the prospect of suddenly maintaining two households can be financially devastating.

Common financial reasons include:

Inability to afford separate rental properties or mortgage payments
Protecting joint assets during property settlement negotiations
Maintaining financial stability for children’s education and activities
Avoiding the significant costs associated with moving and establishing new households
Preserving retirement savings and superannuation during the transition period

Children’s Wellbeing

Many parents prioritise their children’s stability during separation. Remaining in the family home allows children to:

Continue attending their current school without disruption
Maintain friendships and extracurricular activities
Access both parents more easily during the transition
Experience less upheaval during an already difficult time
Remain close to extended family support networks

Practical Limitations

Sometimes circumstances simply prevent immediate physical separation. These situations include:

Waiting for property to sell before having funds to move
One party requiring care due to illness or disability
Seasonal work or employment constraints
Immigration status complications
Regional or remote locations with limited housing options

Amicable Relationships

Some couples maintain respectful relationships after separation and find living together manageable or even preferable as a transitional arrangement. This is particularly common where:

The separation is mutual and without significant conflict
Both parties are committed to co-parenting effectively
There is trust and respect despite the relationship ending
Financial benefits outweigh the personal challenges

Legal Recognition of Separation Under One Roof in Australia

Australian family law provides clear frameworks for recognising separation while living together, though specific requirements vary depending on the legal process involved.

Family Law Act 1975 Requirements

The Family Law Act 1975 governs divorce and family law matters in Australia. For divorce applications, you must demonstrate a 12-month separation period, which can include time spent separated under one roof.

According to the Federal Circuit and Family Court of Australia, to prove separation under one roof, you need to show:

Date of separation – A specific date when the relationship ended
Communication of separation – That one or both parties communicated the relationship was over
Changed living arrangements – How domestic arrangements changed after separation
Financial independence – Separate management of finances
Social separation – Independent social lives and activities
No reconciliation – No resumption of the marital relationship

State-Specific Considerations

While family law is primarily federal jurisdiction in Australia, some variations exist:

Western Australia operates its own Family Court with slightly different procedures. The Family Court of Western Australia provides specific guidelines for separation under one roof documentation.

All Other States and Territories fall under the Federal Circuit and Family Court of Australia’s jurisdiction, with consistent requirements for proving separation while living together.

How to Prove Separation Under One Roof

Proving you are genuinely separated while living together requires documented evidence across multiple areas of your life. Courts and government agencies assess several factors to determine whether separation has occurred.

The Five Factors Assessed by Services Australia

According to the Social Security Guide, decision-makers assess five key factors:

1. Financial Aspects

Separate bank accounts and financial management
Individual responsibility for personal expenses
No joint financial decision-making
Separate tax affairs and lodgement
Independent superannuation and insurance management

2. Social Aspects

Separate social activities and friendships
Not attending events together as a couple
Independent relationships with family members
Separate holiday and travel arrangements
Not presenting as a couple publicly

3. Sexual Relationship

No ongoing intimate relationship
Sleeping in separate bedrooms
No shared bedroom or bed

4. Nature of the Household

Separate living spaces within the home where possible
Individual responsibility for household tasks
Separate meal preparation and eating arrangements
Independent daily routines

5. Nature of Commitment

No intention to reconcile
Clear communication that the relationship has ended
Planning for permanent separation
No ongoing emotional partnership

Evidence Required for Separation Under One Roof

Strong documentation significantly increases the likelihood of successful applications to courts and government agencies.

Essential Documents:

Separate bank account statements (minimum 3 months)
Individual utility accounts or evidence of bill-splitting arrangements
Separate mobile phone contracts
Individual health insurance policies
Updated wills removing former partner as beneficiary
Separate car registrations and insurance
Evidence of notifying government agencies of relationship status change

Supporting Evidence:

Statutory declarations from both parties
Witness statements from family or friends
Photos showing separate living arrangements
Correspondence demonstrating separation (emails, text messages)
Receipts showing independent purchases
Evidence of separate social activities

Witness Statements and Affidavits

For divorce applications, the Federal Circuit and Family Court requires specific affidavit evidence when separation under one roof applies.

Applicant’s Affidavit Must Address:

The facts establishing you separated on the specific date claimed
Why you continued sharing a home despite the marriage ending
Your intention regarding future living arrangements
How the relationship changed after separation (sleeping arrangements, domestic duties, sexual relations)
Living arrangements for any children under 18
Changes to financial arrangements
Changes to social and family activities
Who was informed about the separation and when
What government departments were notified

Third-Party Affidavit Requirements:

A supporting affidavit from an independent third party (friend, family member, or neighbour) must:

State their relationship to each party
Provide evidence based on direct observation (not hearsay)
Describe the circumstances allowing them to make observations
Corroborate the claim of separation under one roof

Centrelink and Separated Under One Roof: SS293 Form Guide

If you receive Centrelink payments, you must notify Services Australia of your separation to ensure you receive the correct payment rate. Being assessed as single rather than partnered typically results in higher payment rates.

Understanding the SS293 Form

The Relationship Details – Separated Under One Roof Form (SS293) is the official form for notifying Centrelink that you are separated but still living with your former partner.

Key Information About the SS293:

Both you and your former partner must complete the form (unless safety concerns apply)
The form assesses all five relationship factors mentioned above
Centrelink may request additional information or conduct interviews
Your former partner’s form responses should align with yours
Inconsistencies between forms may trigger further investigation

Step-by-Step Guide to Completing the SS293 Form

Step 1: Download the Form Access the SS293 form from Services Australia. You can complete it online or download the PDF version.

Step 2: Gather Supporting Documents Before starting, collect:

Recent bank statements (3 months minimum)
Evidence of separate living arrangements
Dates of key events (separation date, notification to family/friends)
Details of any children’s living arrangements

Step 3: Complete Your Section Be thorough and accurate when describing:

When and why you separated
Your current living arrangements
How finances are managed
Your social activities
Children’s arrangements (if applicable)

Step 4: Have Your Former Partner Complete Their Section Your former partner returns their completed form to you for joint submission, unless domestic violence concerns apply.

Step 5: Submit with Supporting Evidence Include:

Both completed SS293 forms
Supporting bank statements
Any additional evidence demonstrating separation

Common SS293 Mistakes to Avoid

Documentation Errors:

Outdated bank statements (must be within 3 months)
Missing signatures on statutory declarations
Inconsistencies between your form and your former partner’s
Vague descriptions of living arrangements

Content Deficiencies:

Not providing specific dates
Failing to explain why you continue living together
Insufficient detail about separate financial arrangements
Not addressing all five assessment factors

Process Errors:

Missing submission deadlines
Not notifying Centrelink of changes in circumstances
Submitting only one form when both are required

Centrelink Payments Affected by Relationship Status

Your relationship status affects eligibility and rates for:

JobSeeker Payment
Parenting Payment (Single vs Partnered rates)
Family Tax Benefit Part A and Part B
Disability Support Pension
Age Pension
Carer Payment
Youth Allowance
Austudy

Being correctly assessed as separated can result in significantly higher payments. For example, the single rate of Parenting Payment is considerably higher than the partnered rate.

Divorce While Separated Under One Roof

You can apply for divorce while living with your former spouse, provided you meet all standard requirements and supply additional evidence of your separation.

Divorce Requirements in Australia

Under the Family Law Act 1975, to obtain a divorce in Australia you must demonstrate:

Your marriage has broken down irretrievably
You have been separated for at least 12 months
At least one party is an Australian citizen, resident, or has an ordinarily resident connection to Australia
Proper arrangements exist for children under 18 (if applicable)

The 12-month separation period can include time separated under one roof, but additional evidence is required.

Additional Requirements for Separation Under One Roof Divorces

When applying for divorce with a separation under one roof period, you must file:

For Sole Applications:

Your affidavit detailing the separation circumstances
A supporting affidavit from an independent third party

For Joint Applications:

Each party’s individual affidavit, OR
One party’s affidavit plus a third-party supporting affidavit

Affidavit Template Guide

Your affidavit should address these key areas in numbered paragraphs:

Personal Details (Paragraphs 1-3):

Your full name, date of birth, and citizenship status
Your spouse’s full name, date of birth, and citizenship status
Marriage details (date, location)

Separation Details (Paragraphs 4-8):

Exact date of separation
How separation was communicated
Why you continued living together
Your plans for future living arrangements

Changed Circumstances (Paragraphs 9-15):

Sleeping arrangements before and after separation
Changes to domestic duties (cooking, cleaning, laundry)
Financial arrangement changes
Social and family activity changes
Who was informed and when
Government departments notified

Children (if applicable) (Paragraphs 16-18):

Living arrangements for children during separation
Parenting schedule details
Future parenting plans

Court Hearing Requirements

If separation under one roof applies:

Joint Application with Children Under 18: At least one party must attend the hearing

Sole Application with Children Under 18: The applicant must attend the hearing

Applications Without Children or Children Over 18: Attendance may not be required if sufficient evidence is provided, though the Court may request attendance

Important: If you are still living at the same address when you apply for divorce, you must explain your plans for separate living arrangements. The Court may not grant divorce if you intend to continue living together indefinitely, as this may suggest the possibility of reconciliation.

Property Settlement While Separated Under One Roof

Property settlement can proceed while you continue living together, though this arrangement adds complexity to negotiations.

Time Limits for Property Settlement

Under Australian family law:

Married couples: Must apply for property settlement within 12 months of divorce being finalised
De facto couples: Must apply within 2 years of separation

Since separation under one roof still counts as separation, these time limits apply from your agreed separation date, not from when you physically move apart.

Challenges of Property Settlement While Living Together

Living together during property settlement creates unique challenges:

Valuation Issues:

Determining the value of shared household items
Assessing contributions made after separation but before moving apart
Valuing the family home while both parties reside there

Ongoing Contributions:

Mortgage payments made by one or both parties post-separation
Maintenance and improvements to the property
Household expenses and who bears them

Emotional Considerations:

Maintaining professional boundaries during negotiations
Avoiding discussions that could prejudice negotiations
Managing stress of living with someone during adversarial processes

Protecting Your Interests During Property Settlement

Financial Protection:

Document all financial contributions made post-separation
Keep detailed records of expenses paid
Maintain separate finances with clear paper trails
Consider a formal agreement about interim financial arrangements

Property Protection:

Document the condition of assets at separation date
Do not make significant changes to shared property without agreement
Keep receipts for any improvements or maintenance
Consider interim agreements about property use

Legal Protection:

Obtain independent legal advice early
Consider mediation to resolve disputes efficiently
Document all agreements in writing
Be cautious about verbal commitments

Child Support and Parenting Arrangements

Separation under one roof affects child support assessments and parenting arrangements in specific ways.

Child Support Agency Recognition

The Child Support Agency (Services Australia) recognises separation under one roof for child support purposes. You can:

Register for child support assessment while living together
Have your care percentage assessed based on actual arrangements
Receive or pay child support while sharing accommodation

Care Percentage Calculations

When separated under one roof, care percentages are calculated based on:

Who the children sleep with each night
Who is responsible for their daily care
Whether care is shared equally or primarily with one parent

Care Percentage Thresholds:

Below 14%: No reduction in child support liability
14-34%: Regular care
35-47%: Shared care
48-52%: Equal shared care (substantial cost offset)
53-65%: Primary care
66-86%: Major care
Above 86%: Full care

Creating Parenting Plans While Living Together

Even while sharing accommodation, establishing clear parenting arrangements helps:

Areas to Address:

Daily Routines
- Who prepares meals for children
- Who assists with homework
- Who handles bedtime routines
- Who manages school mornings
Decision-Making
- Major decisions (education, health, religion)
- Day-to-day decisions
- Emergency decisions
Time Allocation
- Which parent children spend time with on weekdays
- Weekend arrangements
- Holiday schedules
- Special occasions (birthdays, holidays)
Communication
- How parents will communicate about children
- Use of co-parenting apps
- Rules about discussing parenting matters

Transition to Separate Households

Planning for eventual physical separation helps children adjust. Consider:

Gradual introduction of separate parent time
Maintaining consistency between households
Preparing children for the change age-appropriately
Agreeing on co-parenting principles before moving apart

Practical Tips for Living Separated Under One Roof

Successfully navigating separation while living together requires clear boundaries, practical systems, and emotional awareness.

Establishing Physical Boundaries

Sleeping Arrangements:

Designate separate bedrooms
Establish clear private spaces
Remove personal items from shared areas
Consider separate bathrooms if possible

Living Spaces:

Divide common areas by time or purpose
Create schedules for kitchen and laundry use
Designate private storage areas
Establish rules about entering each other’s spaces

Financial Management Systems

Household Expenses: Create a clear system for managing shared costs:

Option 1: Proportional Split
- Divide expenses based on income ratio
- Use a spreadsheet or app to track contributions
- Settle accounts weekly or monthly
Option 2: Bill Assignment
- Each person pays specific bills entirely
- Aim for roughly equal total contributions
- Adjust if circumstances change
Option 3: Joint Account for Household Only
- Contribute equal or proportional amounts monthly
- Use only for agreed household expenses
- Maintain separate personal accounts

Expense Categories to Address:

Rent or mortgage payments
Utilities (electricity, gas, water, internet)
Groceries (shared or separate)
Home maintenance and repairs
Insurance (home, contents)
Council rates
Children’s expenses (if applicable)

Communication Strategies

Daily Communication:

Keep conversations practical and focused
Avoid discussing relationship issues
Use written communication for important matters
Establish “business hours” for discussing logistics

Conflict Resolution:

Agree on a cooling-off process
Consider involving a neutral third party
Document agreements in writing
Seek mediation for ongoing disputes

Co-Parenting Communication:

Use co-parenting apps like OurFamilyWizard, Talking Parents, or Cozi
Keep child-related discussions separate from other matters
Focus on children’s needs, not personal grievances
Present a united front to children on important matters

Protecting Your Privacy

Digital Security:

Change passwords on all accounts
Remove your former partner’s access to shared accounts
Secure your email and social media
Use private browsing for sensitive searches

Physical Privacy:

Keep important documents in a secure location
Store legal correspondence privately
Consider a PO Box for sensitive mail
Secure your private space with locks if necessary

Professional Communications:

Take legal calls privately
Don’t leave legal documents visible
Consider using a different device for sensitive matters
Be cautious about shared calendars or devices

Self-Care and Support

Emotional Support:

Maintain connections with friends and family
Consider individual counselling
Join support groups for separated individuals
Practice self-care routines

Professional Support:

Engage a family lawyer early
Consider mediation for dispute resolution
Consult a financial planner
Seek tax advice about your changed circumstances

Domestic Violence Considerations

Separation under one roof takes on additional complexity when domestic or family violence is involved.

Safety Concerns

If you are experiencing domestic violence, your safety is the priority. Separation under one roof may not be safe or appropriate if:

There is a history of physical violence
You feel unsafe in your home
Violence or threats have occurred since separation
Coercive control is present
Children are at risk

Resources for Domestic Violence Support

National Services:

1800RESPECT: 1800 737 732 (24/7 counselling and support)
Lifeline: 13 11 14 (24/7 crisis support)
MensLine Australia: 1300 78 99 78

State-Based Services:

Contact your state’s domestic violence helpline
Access legal aid services for family violence matters
Reach out to local refuges and shelters

SS293 Form and Domestic Violence

If completing the SS293 form would put you at risk:

You can request that your former partner not be required to complete their section
Centrelink has processes for family violence situations
Contact Services Australia to discuss your circumstances
Seek support from a social worker or family violence service

Intervention Orders

If necessary, you can apply for an intervention order (also called restraining order or apprehended violence order depending on jurisdiction) even while living together. Courts can make orders that:

Prevent specific behaviours
Require your former partner to leave the home
Establish conditions for continued cohabitation

Frequently Asked Questions

Can I get divorced while still living with my spouse?

Yes, Australian law recognises separation under one roof. You can apply for divorce after 12 months of separation even if you continue living together. However, you must provide additional evidence in the form of affidavits to prove your marriage has genuinely ended despite sharing accommodation.

How do I prove to Centrelink that I am separated but living together?

Complete the SS293 Relationship Details – Separated Under One Roof form. Both you and your former partner must complete the form (unless safety concerns apply). Provide supporting evidence such as separate bank statements, and be prepared for Centrelink to request additional information or interviews.

Will I receive higher Centrelink payments if I’m assessed as separated?

Generally, yes. Single rates for most Centrelink payments are higher than partnered rates. For example, Parenting Payment Single provides significantly higher payments than Parenting Payment Partnered. Your exact entitlements depend on your individual circumstances.

Do I need to attend court for a divorce if I was separated under one roof?

It depends on your circumstances. If you have children under 18, attendance is usually required. For couples without minor children who provide sufficient affidavit evidence, attendance may not be necessary. The Court can adjourn your matter and request attendance if more information is needed.

How long can I remain separated under one roof?

There is no legal limit on how long you can be separated while living together. However, if you intend to remain living together indefinitely, courts may question whether genuine separation has occurred, particularly for divorce purposes.

Can I start a new relationship while separated under one roof?

Yes, beginning a new relationship can actually support your claim of separation. However, this should be handled sensitively, particularly if children are involved. Consider how a new relationship might affect your living arrangements and your former partner’s wellbeing.

What if my former partner refuses to complete the SS293 form?

If your former partner refuses, explain this to Centrelink. They may accept your form alone with additional evidence, or they may conduct an interview to assess your circumstances. In domestic violence situations, your former partner may not need to complete the form at all.

Can I claim child support while separated under one roof?

Yes, the Child Support Agency recognises separation under one roof. Your child support assessment will be based on both parents’ incomes and the care percentage each parent provides, regardless of your living arrangements.

What happens to our property while we’re separated under one roof?

Your property rights remain protected regardless of living arrangements. However, it’s advisable to document your financial contributions during the separation period, maintain separate finances where possible, and seek legal advice about protecting your property settlement entitlements.

Should I tell my children we’re separated if we still live together?

This depends on your children’s ages and maturity. Generally, honesty is recommended, but the timing and approach should be age-appropriate. Present a united message if possible, reassure children that both parents love them, and consider professional support from a child psychologist if needed.

Why Choose Mediation for Separation Under One Roof?

Living separated under one roof creates unique tensions that benefit from professional dispute resolution. Mediations Australia provides specialised support for couples navigating this challenging situation.

Benefits of Mediation

Cost Savings: Family law disputes that proceed to litigation can cost $100,000 or more. Mediation typically resolves matters at a fraction of this cost, often saving couples up to $150,000 in legal fees.

Time Efficiency: Court proceedings can take years. Mediation sessions can resolve disputes in days or weeks, allowing you to move forward with your life sooner.

Better Outcomes: Research shows that mediated agreements have higher compliance rates than court-imposed orders. When you help create the solution, you’re more invested in making it work.

Reduced Conflict: Mediation focuses on problem-solving rather than adversarial positions. This is particularly important when you continue living together, as reduced conflict makes daily life more manageable.

Privacy: Court proceedings create public records. Mediation is confidential, protecting your family’s privacy during a difficult time.

Our Approach at Mediations Australia

Our team combines nationally accredited mediators with experienced family lawyers, providing comprehensive support throughout your separation journey.

What We Help With:

Establishing Clear Boundaries
- Living arrangement agreements
- Household expense divisions
- Privacy and space arrangements
Creating Workable Household Arrangements
- Schedules for shared spaces
- Financial management systems
- Practical cohabitation agreements
Developing Communication Strategies
- Conflict resolution frameworks
- Co-parenting communication plans
- Rules for difficult conversations
Navigating Parenting Responsibilities
- Parenting plans and schedules
- Decision-making frameworks
- Transition planning for eventual separate living
Managing Financial Arrangements
- Property settlement negotiations
- Interim financial agreements
- Child support arrangements

Our National Coverage

We provide services across Australia, including:

We also offer online mediation services for those unable to attend in person.

Conclusion: Moving Forward with Confidence

Next Steps:

If you’re separated under one roof, consider:

Establishing clear boundaries and documenting your separation
Notifying relevant government agencies of your relationship status change
Seeking legal advice about property settlement and parenting arrangements
Engaging a mediator to resolve disputes and create workable agreements
Planning for eventual transition to separate households

Take the First Step Toward Resolution

Don’t face separation under one roof alone. Contact Mediations Australia for a confidential consultation with our family law experts and mediation specialists. We’ll help you understand your options and develop a practical plan that works.

Book Your Free Consultation Today

Our experienced mediators and family lawyers can help you:

Understand your legal rights and obligations
Create workable living arrangements
Navigate Centrelink and child support requirements
Develop effective co-parenting strategies
Resolve property settlement disputes efficiently

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Separated Under One Roof: The 2026 Legal Survival Guide