FAQs Tax Implications

Am I free to claim personal tax credits and deductions in the same way as I did when I was married?

A change in your marital status will require some planning and coordination between you and your former spouse where claiming personal tax credits and deductions for your dependent children are concerned. For example, only one spouse is entitled to claim a deduction for an eligible dependant. If you have at least two eligible dependants, you and your former spouse may claim the deduction for only one eligible dependant. If you have only one eligible dependant, you and your former spouse will have to agree on who will claim the deduction.

Another similar situation concerns claims for child care expenses and tuition, textbook and education credits. For child care expenses, you may only claim tax credits for child care expenses for the period in which your child resided with you. For tuition, textbook and education credits, a student may transfer these credits to only one parent. This matter too requires prior agreement between you and your former spouse.

Stay in Touch

Keep learning about the latest issues in Ontario family law! Subscribe to our latest articles delivered to your inbox, or listen to our Podcast Family Law Now.

Be sure to find out more about the "new normal", by visiting our Covid-19 and Divorce Information Centre.

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.