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When does living together change our tax status?

Common-Law and Separated Tax Status in Canada. Understand the Canadian tax rules, records to gather and practical next steps before preparing your return.

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Arsen Accounting Services · Prepared October 29, 2026

Family and life changes: 10 personal tax questions · Browse the 100-article collection

The direct answer

You may become common-law for tax purposes after 12 continuous months in a conjugal relationship, or earlier under the rules involving a child. You cannot choose “single” simply because you keep separate bank accounts. A relationship breakdown generally requires 90 days apart before separated status is reported, effective from the date you started living apart. CRA must also be told about status changes outside the annual return.

Build a relationship timeline

Tax status can change before anyone thinks to tell their preparer. Put the move-in date, any periods apart and relevant family changes on one timeline. Explain why a period apart occurred; working away from home and a relationship breakdown are different facts. Ask both partners to check that the same history is being used when their returns are prepared.

Avoid a filing-season surprise

Do not copy last year's marital-status box without reviewing what changed. A tax return, an account update and the information held for benefit payments may need attention together. If an earlier status was wrong, identify the affected period first rather than changing only the current return and assuming the old records are fixed.

What to gather before the review

  • Dates and addresses for the relevant period
  • Both partners' income summaries
  • Copies of earlier status notifications or CRA correspondence

Does keeping our finances separate settle the question?

No. Separate accounts describe how you manage money, but they do not replace the common-law tests. Tell the preparer about the relationship and any children so the correct status can be assessed.

Your next step

Write down the dates you moved in together or separated and bring both partners’ income information.

Related reading

Official sources

Marital status

Sources checked for this collection on October 28–29, 2026. Annual forms may refer to a specific tax year. Use the rules and limits for the year being filed. General information; eligibility, elections and deadlines depend on the facts. No deduction or tax saving is guaranteed.

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