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Rushton v. Rushton [1969] 2 D.L.R. (3d) (BCSC)


Married couple was separated but continued to live under the same roof, they lived in different rooms. Sex stopped. They shopped and cooked for themselves. He paid her a sum of monthly support. They had to appear to be husband and wife in order to live in their suit. Eventually they lived separately


Was the couple living separate and apart?


There must be withdrawal from the matrimonial obligation with the intent to destroy the marriage, and must be physical separation in order to be "living separate and apart"
**Physical separation can occur under 1 roof


Court granted the divorce

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