Taxes when separated but still living together?

[Dee1973]

Hi all, I'm getting mixed opinions.

We separated on January 10, 2012 but continue to live in the same house together (unfortunately).

So for the 2012 tax year do we file as separated or married?

Some folks have said to me that by the definition of the income tax act we are still married. Living separate and apart from a tax perspective means you have to have separate residences for at least 90 days?

Others have said you file as separated and CRA may just come back looking for various pieces of documentation.

Any clarification would be appriecated!

[Knave]

I would like to know this as well. CRA has asked if my ex still lives in the matrimonial home or not, and I would like to understand the implications, since either answer is true to a certain extent (she has the keys and enters repeatedly, but rarely sleeps there).

What is advantageous to us? To me? To her?

[dad2bandm]

You should really contact CRA directly, and get clarification from them, as this will pertain to your particular circumstances.

If both you and your partner continue to live together in the same household, CRA will generally not consider a separation to have occurred unless you have separate living quarters within the same household. If you continue to share parenting and financial responsibilities under the same household, CRA will not consider a separation to have occurred.

Always remember, "tax law" is not the same as "family law".

[Dee1973]

Thanks dad2bandm - actually after contacting CRA this is exactly what they said!!

Looks like I'm still married.....from a tax perspective

[Knave]

So, is it advantageous or not from a tax perspective to be considered to be married?

[FB_]

I called and they told me I could file as separated but could not claim any of the benefits of being separated.

Neither of you can claim the children as dependent.

The lower income earner still claims daycare expenses etc.

Basically you are married but you can check the separated box or so I was told.

I also filed the form stating I was separated as I couldn't do it online.

They said because I have filed for divorce already I could do this...

Although if I called back 5 times I'm sure I would get 5 different answers.