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knod
New Member

How to file after common-law separation? Do we need to enter each other's income?

I separated from my common law spouse in June/July of 2017. We have a separation agreement, and our property/mortgage/title was transferred into his name. We have no longer have any joint assets. 

He started his taxes with a tax program and it's telling him he needs my net income to proceed. I am just starting mine and it's prompting me for the same, even though we are technically single now. I have called CRA and spoken to two different clerks who told me the same thing, that because we were not together as of December 31, 2017, that we do not need to declare our ex's incomes on our tax returns even though we were together for the first six months of the year. Our tax program is prompting us, I've see a lot of answers on here that say yes you do need their information, but CRA is telling me no. Very confused. 

On my return if I select that I am Single, the next step is "Has your marital status changed?" I select yes. Then it asks to check the boxes 1: "Check if you were married or common-law at any point during the year, but on December 31, 2017 your status was other than married or common-law. And box 2: "Check to confirm IF you were separated because of a breakdown in your relationship for a period of 90 days or more that included December 31, 2017."

If I check box 1 it prompts me for my ex's income, if I only check box 2, it does not. However both of these statements are true.

CRA tells me no, and Google and other tax software forums are saying otherwise. If anyone can shed some light on this it would be appreciated.
Thanks, 

(ps this is using StudioTax)

1 Reply

How to file after common-law separation? Do we need to enter each other's income?

When using TurboTax, if you do not know your ex-spouse's income but want to make sure that you do not receive any unnecessary credits for him, it would be best to enter an income of at least $25000.