If my husband and I separated on October 20, 2016 do we file as married or separated? can one of us claim our youngest child as equivalent to married for the whole year?

[jbarnett]

There is some confusion - some places say we have to be living separately for 90 days to claim separated others say it is not necessary if we were married.

Thanks for your help

[TurboTaxJeffrey · Accepted solution]

I presume you haven't reconciled with your ex...so it has been at least 90 days since you separated.  As this is the case, you are separated, and the date of separation is Oct 20.  Mind you, if you were married before the separation, the 90 day period is not a requirement.

If one or the other of you had custody of your child/children, while living separately, then you may be able to claim the Eligible Dependant credit.  If there were period(s) after Oct 20 until the end of 2016 that your child/children lived with just one of you, then both of you would be eligible for the claim...but only one of you.  You would have to decide between the two of you who would make the claim in that circumstance.

http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/prsnl-nf/mrtl-eng.html

http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns300-350/305/lgbl-eng.html

[jbarnett]

Whilst we were officially separated we still lived in the same house.  Does this affect anything?  Who can claim the child care expenses for summer camp fees?