FAQs Tax Implications

When am I considered not “married” for income tax purposes?

For income tax purposes, you are no longer “married” if you and your spouse have been living separate and apart for a period of 90 days or longer. The stage of your legal separation or divorce proceeding in which you are in does not matter, provided the 90 days’ separation is met.

The Canada Revenue Agency (CRA) requires you to update your marital status as soon as the 90 days has passed since you began living separate and apart from your spouse. You may update your marital status online, over the phone or by mailing in the specified form.

 

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.