We see people every year who ask for help in deciding which marital status they should pick when filing their tax returns. The simple answer is that you don’t get to pick. Your marital status is just the result of answering a few questions.

  1. As of December 31 were you living in a conjugal relationship? (Did you live in the same residence, in the same bedroom?) If no, then you are not in a common-law relationship. If yes, move to question 2.
  2. Have you been living together in this relationship for the past twelve months, with no breaks of more than 90 days? If yes, then you are in a common-law relationship. If no, move to question 3.
  3. Do you and your partner have a child together by birth or adoption? Or do you share custody, control, and support of a child? If yes, then you are in a common-law relationship.

If you have any questions about this, any one of our tax accountants will help you correctly report your status and make sure that you get the credits, transfers, and benefits that are due to you.

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