In ontario, is it advantageous to be married and living together for tax purposes? The last two (I think) returns I've filed I've stated I'm separated- date of separation is June 2013 as agreed in court.

CRA has just written to me to query this as the ex is still in the house.

I'm presuming it's generally tax advantageous to be married, so I've been totally honest in my return. Any thoughts?

(the house is in my name and I cover all bills, she's living scot free, but I can't make her move out without a divorce agreement and she's demanding sole custody of the kids before she will sign that. We're moving to trial but have to go through the hoops first. Hopefully I'm not going to get a bonus kick in the nuts from the CRA in the interim).

For a brief period a few years ago the ex & I were at the same address while separated.

I got a CRA query too (he didn't), & did as you have done - replied with the honest details (& included a copy of official separation docs). Never heard anything more about it.

Might it be to do with who is claiming tax credits/receiving any benefits for the children?

I'm not sure.

It seems the CRA think if you're living at the same address you cannot be separated. My response is the ex is not living here with my consent- she's using the spousal right to remain and then stalling the divorce agreement and every turn, meaning we're probably going to end up in a full blown trial.

It's been 2 1/2 years of separated cohabiting to date so I get the CRA's point.

I'd always assumed that married couples got better tax breaks than singles/ divorcees though, I'm seriously hoping they don't come back with some insane demand. On me at least....

. Ugh .

I'm sorry I really don't know about Ontario. Hope someone who does comes along soon.

I got slightly better breaks as a single parent, but obviously I'm not in ON (that's why I asked about child tax credits/benefits).

Yeah, I can see how CRA are antsy about 2.5 years

Well I haven't been getting any direct support payments (I know she has but hasn't declared them in her filings so far). Hopefully that's the extent of it.

It is mainly to do with means tested benefits. These are calculated on household income so the CRA needs to determine if there is one household or two within the same building.

I don't think she's had a tax-paying job within the period so maybe it'll turn out AOK.

Again, since she's living there without my permission and contributing squat, I don't think i should be penalised. Guess I'll express that in my letter to them.

Who knew a spouse could just stay in the house rent free.

I so should have found a lawyer during mine....lol

Technically it will count as backdated spousal support when she moves out. That's one plus- she's pushing 3 years into that period already, and the judge said 7-8 years was appropriate...