Marital Status

One of the biggest questions we get asked is whether a couple are considered common-law.  This is an important question because many tax credits factor in "family" income in determining amounts.

You are considered friends if you live with somebody but it is a non-conjugal relationship.  It is platonic and usually a cost-sharing arrangement.

You are married the day you sign on the dotted line until you die or divorce papers are final.

You are considered common-law if you live together AND either a) it's a conjugal relation for at least one continuous year OR b) you have a child together.

You are separated when you start living apart from each other due to a breakdown in the relationship for at least 90 days.  The effective date of the breakdown is retroactive to the day you started living separate and apart.  For example, if you separated December 31, and you do your tax return April 15, you are considered separated on December 31 if you had not reconciled during that time.

There are two important things to remember.  In the above example, your marital status is "undeterminable" before the 90 days is up.  Also, this definition of common-law only applies to the income tax act.  There are different rules for things such as the guaranteed income supplement and other programs.