36.5.2 Separation - legally married persons

As a consequence of a breakdown in their personal relationship, people who are legally married may choose to live separately and apart from their spouse. In some cases, the parties may be separated but continue to live in the same dwelling, i.e. living 'separately and apart under the same roof'.

Whether separated or not, a person who is legally married to a client remains their 'spouse', for the purposes of the SRCA, until death or the grant of a dissolution of marriage (decree absolute). After separation, however, a spouse may not receive certain compensation entitlements because he or she is no longer dependent upon the client.