In a divorce complaint, there is a line that says "they separated and have not lived together as man and wife since that date." What does that mean?

Not actually living together? Living together but neither people consider themselves man and wife? They're not having sex?

1 Answer 1


"Living together as man and wife" means actually living together under the same roof and being in personal relationship.

Therefore, to prove "not living together as man and wife" it is sufficient to prove that the pair either or both 1) are not living together; 2) are not in personal relationship.

What evidences "being in personal relationship"? Shared budget, joint ownership of bank accounts/property, mail addressed to the two names, travelling together, being seen going out together etc. Having regular sex together is also a good indicator, though it may be difficult to prove either way. So, if none of this happens, it is a good indicator that the separated are not living together as man and wife.

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    Perhaps 98% of the time, it involves being separated by living at different places and maintaining separate households. In rare, ugly cases, where no other possible housing is available, the spouses basically partition themselves into their respective rooms of the house and treat each other like roommates while the divorce is pending. But, unless the residence was designed for multiple families or is a mansion, this is a very dicey proposition and often isn't safe from a potential threat of violence perspective.
    – ohwilleke
    Jan 18, 2019 at 0:28

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