You’ve separated, but with the cost of living what it is, moving out isn’t realistic right now. You’re still under one roof, still sharing some bills, maybe still holding a joint account you haven’t gotten around to splitting.
Now you’re wondering what this actually means. Does Centrelink still count you as a couple, and how do you even acknowledge you’re not, if you’re still living under the same roof?
Does the property settlement clock start ticking from separation, or only once you move out? Are you still financially exposed to your former partner’s debts just because you share a mortgage?
This guide walks through how separated couples living together can manage joint finances in Australia, whether you’re married or in a de facto relationship, what Services Australia actually looks at, and how to protect your financial position while you’re still sharing a home following a relationship breakdown.
This article is general information, not legal advice. A family lawyer can advise you on how the law applies to your specific circumstances.
What Does “Separated Under One Roof” Actually Mean?
You don’t need to physically move out to be legally separated in Australia. Being separated under one roof, sometimes described as separated under the same roof, is recognised by the Federal Circuit and Family Court of Australia, and it’s a genuine, common living arrangement for Australian couples, not just an informal understanding with no legal weight or entitlement attached to it.
This applies whether you were married or in a de facto relationship, and couples continuing to live together and simply stop presenting as a couple don’t lose any legal standing by doing so.
If you later apply for divorce while having spent part of your 12-month separation period under one roof, you’ll generally need to file an affidavit, often supported by a statement from someone who can confirm the change, showing things like separate bedrooms, no longer presenting as a couple socially, and no longer sharing household responsibilities the way a couple would.
How Does Services Australia Assess Whether You’re Still a Couple?
This matters enormously for anyone receiving a Centrelink payment or concession card after a relationship breakdown, since your relationship status directly affects what you’re entitled to. Services Australia needs to know if you’re in a relationship or not, and continuing to be treated as a couple can significantly affect the financial support you’re able to access.
Services Australia looks at several aspects of the relationship when working out how they define a relationship, and specifically whether you’re still a member of a couple for payment purposes, including:
- Financial aspects: whether you have joint accounts, shared debts, or one person financially supports the other
- Social aspects: whether you present as a couple to family, friends, and the community
- Household aspects: whether you share household responsibilities and living arrangements
- Aspects of the relationship involving commitment, such as future plans together
Living separately because of illness or respite care is treated differently, and doesn’t necessarily change your relationship status for payment purposes, even while living under the same roof in a shared care facility arrangement.
If you’re separated but still living together for financial reasons, it’s important to consider telling Centrelink about the change, since continuing to be assessed as a couple when you’re not can affect payments, and not updating your relationship status can create problems later, including having to repay government benefits.
Should You Separate Your Finances Immediately?
Not necessarily immediately, but it’s worth thinking through deliberately, and separate finances arrangements are worth discussing mutually rather than one party acting alone, since decisions made without the other person’s knowledge can escalate conflict unnecessarily. A few practical steps many separated couples take:
- Open your own separate financial account for your personal income if you don’t already have one, so you have independent access to money
- Review joint accounts and joint expenses, including who pays which utility bills, and agree on an interim arrangement while you’re still under one roof
- Consider whether joint accounts should be frozen or split, particularly if trust has broken down, since either party can generally still access shared funds unless the account is changed
- Keep records and receipts of what’s paid and by whom, since this can matter later if there’s a disagreement about contributions
There’s no single right timing for this. Some separated couples maintain some shared financial arrangements out of necessity or practicality for a period, while working out a longer-term plan.
What Happens to Property and Superannuation While You’re Still Living Together?
Property settlement time limits generally run from the date of separation, not from the date either person physically moves out.
This is a common misunderstanding, and it’s important to consider carefully, since married couples generally have 12 months from a divorce becoming final, and de facto couples within two years of separation, to apply for a property settlement or spousal maintenance.
This applies to child support arrangements too in a related sense, since Services Australia will want an accurate separation date once you’re working out your property settlement and ongoing support arrangements for couples with children.
Property may include all assets and debts of the relationship, not just what’s held jointly, and this remains subject to change as your circumstances evolve.
This means one party’s individually owned property, including any continuing connection to land or another property owned before the relationship, savings, or superannuation, can still be relevant to the overall settlement, depending on both financial and non-financial contributions and future requirements.
Superannuation splitting laws allow super to be treated as property and divided as part of a settlement, even though it generally can’t be accessed until retirement, and a spouse can potentially become a beneficiary of a portion of their former partner’s super through this process.
The court’s approach is meant to be equitable, weighing the whole picture rather than a fixed formula, and outcomes are still subject to the specific facts of each case.
Our guide on what property can actually be divided covers this in more detail.
Managing Debt and Joint Liabilities
A joint account or jointly held debt generally makes both people liable to the lender, regardless of your personal separation, and regardless of who actually incurred the debt.
Lenders and utility providers aren’t automatically aware you’ve separated, and won’t change how a joint liability is enforced just because your relationship has ended.
This is one of the more overlooked risks of staying under one roof for cost of living reasons without addressing finances directly.
If you’re concerned about being exposed to debts incurred after separation, it’s worth raising this directly with your former partner, and getting legal advice about how it might be treated as part of an eventual property settlement.
Reaching a Financial Agreement While Still Under One Roof
You don’t need to be living in separate homes to formalise a financial arrangement, and agreements can be made at any stage after a relationship ends.
Many couples reach a written agreement or move toward consent orders while still sharing a home, particularly where cost of living pressures mean separate accommodation isn’t realistic yet.
Options generally include a private, informal agreement (though this isn’t legally binding), a binding financial agreement, or consent orders formalised through the family law courts. Since property includes all assets and debts, and generally includes all assets and debts each person has regardless of whose name they’re in, working out a fair division of assets can take time.
If you can’t agree, mediation is usually the next step before you have to go to court, and it’s worth attempting outside of court wherever it’s safe and practical to do so, throughout Australia this is generally encouraged as the faster, less costly path.
When to Seek Legal Advice
If you’re navigating separated living arrangements, particularly involving joint finances, property, or children, it’s worth getting independent legal advice early, since individual circumstances vary considerably and general information can only take you so far.
This matters even more if there’s any disagreement about what’s fair, or if a change of circumstances, such as one person’s income changing significantly, affects the arrangement.
Our experienced family lawyers can help you understand your financial position once a relationship ends, whether you’re still sharing a home or have already moved to separate accommodation, and what steps make sense for your situation.
Frequently Asked Questions
Do I have to tell Centrelink if we’re separated but living together?
Yes. If your relationship status changes, even if you’re still living together, you need to tell Services Australia, since payments and concession cards are assessed based on your actual relationship status, not your living arrangement alone. Not updating this can lead to being asked to repay government benefits later.
Can we still have a joint bank account after separating?
Yes, but it’s worth thinking carefully about whether to keep it, since either party can generally still access shared funds. Many separated couples choose to close or split joint accounts fairly early, or agree on clear rules about how the account is used, while other joint expenses are settled some other way.
Does the property settlement time limit start when we separate or when we move out?
It generally starts from the date of separation, not the date someone physically moves out. This is why formally acknowledging your separation date matters, particularly if you’re staying under one roof for financial reasons.
Is there a time limit for splitting superannuation after separation?
Superannuation is generally dealt with as part of an overall property settlement, so the same time limits apply, 12 months from a finalised divorce for married couples, or 2 years from separation for de facto couples, rather than a separate deadline just for super.
