Common Law Spouse Amount vs claiming my son as Dependant? Do I have a choice?

[Pete06]

When I was a single parent, I claimed my 13 year old son as a dependant and received quite a substantial tax credit and refund.  My marital status has since changed to "Common Law" and now the software is telling me that I can not claim my son as Dependant because I am Common Law and have claimed the Spousal amount.  Since my partner makes more than the $12000, I receive no tax credits or refund when claiming the Spousal Amount.  We live together but since my divorce, I keep everything financially separate and I receive no financial support from her.  

Is there anyway to not claim the Spousal Amount and instead choose to claim my son as a Dependant since he does not work or earn any income and is fully supported by me? 

Seems like I'm being punished for letting my girlfriend move in with me. 

Pete

[TurboTaxSusan]

If you are married or living common law, you can’t claim a dependant as an eligible dependant. It’s the most basic requirement of the credit, as you can see on the CRA website: https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-re...

[realQuestion]

But you should be able to if you don't live together and don't support each other even if you have not divorced.

[TurboTaxBrenda1]

If your marital status is separated then yes you can claim your child as an eligible dependent. 

Situations where you cannot claim the amount for an eligible dependant.

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