Living Together Whilst Going Through a Divorce

Why do people remain living together after separation?

The vast majority of people remain living together out of practical necessity, whether for financial reasons, because of the children, or due to a lack of alternative housing.

Moving out is expensive. Rental costs and deposits are often unaffordable, and where a property is jointly owned, one party may not be able to obtain a second mortgage to purchase another home. Even where a property is rented, taking on a separate tenancy can be financially unrealistic.

Many couples also pool income and share expenses. Following separation, the financially weaker party may not be able to meet their own living costs immediately or afford to remain in the family home alone without support. In these circumstances, continuing to live together may be the only viable short-term option.

Some couples remain living together for the sake of the children, at least until child arrangements can be resolved. I have seen many different post-separation living arrangements, and what works for one family may not work for another. Even where parties are amicable, this can be an extremely difficult situation.

In other cases, one party fears that moving out may affect their legal position or entitlement to the family home, and so they remain in the property. Sadly, some victims of domestic abuse have no alternative accommodation, even though continuing to live together places them and the children at risk.

Is it legally allowed to live together after separation?

Yes. It is legally permitted and not uncommon to remain living together after separation. However, if doing so places an individual or children at risk of significant harm or causes extreme distress, this must be addressed immediately. Legal advice should be sought and, where necessary, the police contacted.

Will living together affect a financial divorce case?

It is possible to apply for and finalise a divorce while still living together. Financial matters can also be resolved voluntarily or through financial remedy proceedings during this time.

That said, managing divorce and finances while sharing a home is extremely challenging. Parties are often seeking independent legal advice, gathering financial evidence, and communicating with solicitors, all while living with the “opposition”. This can become even more difficult if court proceedings are issued and both parties must attend hearings.

Where spouses remain living together, it is generally expected that both continue to contribute to household expenses. Even if payments into a joint account have stopped, essential costs such as the mortgage or rent, utilities, council tax, day-to-day living expenses and childcare costs must still be met. These are considered joint expenses.

Joint expenses do not necessarily need to be shared equally, but they must be paid while divorce and financial matters remain unresolved. If one spouse incurs debt during this period, it is important to keep this separate, as it could otherwise be treated as matrimonial debt.

Many people worry that if they move out, they will not be able to afford independent living while awaiting a financial settlement. In these circumstances, legal advice should be obtained regarding interim spousal maintenance.

What about the children?

Some parents fear that if they move out of the family home, they will no longer be able to see their children. This is not the case. Whether parents live together or separately, children should generally spend time with both parents. There is a rebuttable presumption that this is in the child’s best interests, provided it is safe to do so.

The family court’s primary concern is the welfare of the children, including their safety, stability, and needs, as well as their relationship with each parent. Child arrangements can be agreed between parents or determined by the court, whether on a shared-care basis or through regular time spent with one parent. As every family is different, legal advice should be sought if there are concerns.

What if you feel unsafe?

There are situations where continuing to live together post-separation places one party, and often the children, at significant risk of harm. This may involve physical violence, emotional or verbal abuse, or coercive and controlling behaviour.

If you are at immediate risk, contacting the police should be the first step. If your partner refuses to leave the property, urgent legal advice should be obtained.

You may be entitled to apply for an occupation order under the Family Law Act 1996. An occupation order is a temporary injunction, usually lasting between six and twelve months or until financial matters are resolved, which allows one party (and the children) to remain in the property to the exclusion of the other. A power of arrest can be attached, meaning a breach may result in criminal consequences.

Occupation orders are a powerful tool used by the family court to protect those in unsafe living situations. The court will carefully consider all circumstances, including the risk of harm, available housing options, and affordability, before making such an order, as it effectively excludes someone from a property they own or are entitled to occupy.

It is also important to seek support from domestic abuse services, your GP, or other professional support if you feel unsafe or overwhelmed.

How Forbes Solicitors Can Support You

Living together during separation or divorce can be complex, emotionally draining, and legally uncertain. At Forbes Solicitors, our experienced family law team provides clear, practical advice tailored to your individual circumstances. We offer nationwide support, with consultations available by telephone, video call, or in person at any of our offices. Whether you need guidance on separation while living together, divorce proceedings, financial matters, child arrangements, or urgent protection where safety is a concern, we are here to support you with clarity and compassion. To discuss your situation or find out how we can help you move forward, please contact Forbes Solicitors on 0800 689 1058.