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I'm married but we are living in different addresses in Toronto for the last 6 months. We are not legally separated and don't have a separation agreement. What should we do when income tax period comes? Should we do separate taxes?

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  • My opinion is yes. Because you are not leaving together. Nov 11 '16 at 7:19
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    Before any Americans chime in with advice, please note that the tax rules for Canada regarding marriage are very different than the US. Nov 11 '16 at 12:45
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Here is the CRA's definition of "separated", taken from the back of their Marital Status Change Form (which you were supposed to send them after 90 days of living apart):

Separated – You are separated when you start living separate and apart from your spouse or common-law partner because of a breakdown in the relationship for a period of at least 90 days and you have not reconciled. Once you have been separated for 90 days (because of a breakdown in the relationship), the effective day of your separated status is the day you started living separate and apart.

So send in the form right away, and file your taxes with marital status of "Separated". In Canada everyone always does separate taxes, the only difference having a spouse makes to the filing process is whether or not you include their SIN and income on your return.

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