Canada Revenue would like you to declare your marital status based on the facts of your situation, as follows;
Common-law partner
This applies to a person who is not your spouse, with whom you are living in a conjugal relationship, and to whom at least one of the following situations applies. He or she:
Note
In this definition, 12 continuous months includes any period you were separated for less than 90 days because of a breakdown in the relationship.
I do not live with the father of my children. Are we considered to be common law?
No you are not common law if you do not live with him. If you used to live with him, you would now be SEPARATED. Please see this Canada Revenue Agency (CRA) link to clarify your status.
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