External
Policy

Last updated: 24 April 2008

Assessment of married couples living apart

The assessment of whether married couples who live apart are both treated as homeowners depends on the reason for separation.

A person, including a person who is a member of a couple, may only have their right or interest in one property disregarded for assets test purposes.     

Married couples living apart (not due to estrangement or illness)

Where only one member of a couple resides in the home property, but there is no estrangement their homeownership status is not affected by their living apart. Each member of the couple has the married homeowner assets limit applied and the value of the home is disregarded.

Where a married couple own more than one home and live in both houses separately, for administration purposes, the most expensive home is considered to be the principal home. The home of lesser value is assessable under the assets test.

Married couples living apart due to estrangement

If married couples are living apart due to estrangement, they are each treated as separate entities. A separated person living in a home which he or she owns solely or jointly is a single homeowner. A separated person who owns a house solely or jointly but is no longer living in it has the value of his or her share of the house assessed as an asset.

Married couples living apart due to illness

Special rules apply where the couple is an illness separated couple. Rent assistance may be payable when one party has paid an entry contribution in return for accommodation rights in a special residence, or has entered non-government subsidised care.

If a couple own more than one home and live in both houses separately due to illness (but neither live “in care”) for administration purposes, the most expensive home is considered to be the principal home. The home of lesser value is assessable under the assets test.