If the rumours are to be believed, there is trouble in paradise for rocker Ozzy Osbourne and his celebrity wife Sharon. Long touted as one of Hollywood's most enduring marriages, the online gossip world was abuzz this week amidst rumblings that the couple have been living separately.
According to sources close to the couple, the "Prince of Darkness" has moved into a rented mansion, and his wife has been living in a nearby hotel since the beginning of April, while her new own mansion is undergoing renovations. To add fuel to the fire, the past year has also seen the couple divest itself of two of its California properties.
Since rumours of the couple's split began to circulate, Ozzy has issued a statement admitting to a relapse in his struggle with sobriety, but adamantly denying that he and Sharon are divorcing. The couple's son Jack has also taken to Twitter to defend his parents' 31-year marriage and to refute suggestions that their separation is a permanent state of affairs.
In Ontario, living separate and apart for one year constitutes a ground for divorce. However, what people often do not realize is that they do not necessarily have to be living in separate residences to be considered as living separate and apart. Rather, it is possible for parties to be living separate and apart under the same roof.
The determination in this regard is based on the unique circumstances of each case. However, the Ontario Superior Court of Justice has defined a number of factors to consider in deciding if parties are living separate and apart. In the case of Greaves v. Greaves, the court articulated these factors as:
- Physical separation;
- Withdrawal by one or both of the spouses from the matrimonial obligation with the intent of destroying the matrimonial consortium;
- Absence of sexual relations is not conclusive, but is a factor to consider;
- Lack of communication between the spouses and discussion of family problems;
- Absence of joint social activities;
- Meal pattern;
- Performance of household tasks;
- Making plans for his or her assets as a separated person;
- The relationship and conduct of each of them toward members of their respective families and how did such families behave towards the parties;
- The financial arrangements between the parties regarding the provision of or contribution toward the necessaries of life (food, clothing, shelter, recreation, etc.).
Clearly, the determination of living "separate and apart" will turn on a consideration of each couple's particular situation.
If you need advice about your own separation, call us today at (905) 581-7222 to schedule a consultation.