What are the factors to be considered in determining the date of separation where spouses continue to occupy the same premises?

Oswell v. Oswell (H.C.J.), 1990 CanLII 6747 (ONSC) remains the leading case with respect to the factors to be considered in determining the date of separation where spouses continue to occupy the same premises. In summary, the factors are as follows: 1. There must be physical separation. 2. There must be withdrawal by one or both spouses from the matrimonial obligation with the intent of destroying the matrimonial consortium. 3. The absence of sexual relations is not conclusive but a factors to be considered. 4. Other matters to be considered are the discussion of family problems and communication between the spouses, presence of absence of joint social activities, and the meal pattern 5. Although the performance of household tasks is also a factor, help may be hired and for these tasks and greater weight should be given to those matters that are peculiar to the husband and wife relationship outlined above.