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When does the CRA consider you separated?

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  • When does the CRA consider you separated?

    We have an agreed upon separation date of Sept 1 2018.

    I did not move out of the house until December 2019.

    There is a drafted, but not finalized separation agreement.

    Do I amend my status with CRA to separated now, or wait for the finalized agreement? Mainly wondering how to file my taxes this year if the agreement isn't finalized before I file 2019.

    Thanks!

  • #2
    Its really irrelevant and you could use separated and put in the date. I looked into this when I moved in with my husband. I was told that you have to be in the situation for a year before it is acknowledged but you still put the date in. Its weird.

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    • #3
      Thanks, rockscan. Looks like I should amend my status to separated then.

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      • #4
        on the tax program I use it asks if you were separated for a period of 90 days including Dec 31. If yes then check separated.

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        • #5
          Originally posted by standing on the sidelines View Post
          on the tax program I use it asks if you were separated for a period of 90 days including Dec 31. If yes then check separated.
          I'll look the for that. Thanks.

          I mainly wasn't sure because we lived together while separated for quite a while and there still wasn't a signed separation agreement.

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          • #6
            CRA has an explanation somewhere in the tax guide which I found when I went looking that year. It was really confusing. Just put the date of the change. Its mostly to determine calculations for benefits and also for your claims if you pay/receive spousal support.

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            • #7
              Usually it’s based on the 90 days from actually moving out. You can use separation date if you has separate living quarters in the same house or comparable but that is much less common, especially if there are children.

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