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If a marriage or a registered relationship (whether of the same sex or a different sex) or a de facto relationship (whether of the same sex or a different sex) ceases to exist, the partners of that relationship are not treated as member of a couple (1.1.M.120).
Definition
A legally married couple are determined to be separated if they are living separately and apart on a permanent or indefinite basis.
A couple in a registered relationship (whether of the same sex or a different sex) or a de facto couple (whether of the same sex or a different sex) are determined to be separated if they are living separately and apart on a permanent or indefinite basis.
Verification
If a couple claim to be separated they must establish that:
Generally, a physical separation as well as an emotional separation between the couple is required.
In deciding whether a couple have separated, factors used to determine whether a member of a couple relationship exists are relevant. Refer to 2.2.5.10 Determining a De Facto Relationship.
Note: A separation should not generally be accepted if the couple are living apart solely because of ill health or employment.
Act reference: SSAct section 4(2) Member of a couple-general, section 4(3) Member of a couple-criteria for forming opinion about relationship, see also section 4(3A)
Policy reference: SS Guide 2.2.5.60 Determining an Illness Separated Couple
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Last reviewed: 1 July 2009
