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Kaztax(Newbie)Newbie
16 May 2022

I've seen the definition that "A spouse is anyone you've lived with in a genuine domestic relationship at any point during the year." My husband and I separated over 3 years ago and due to court delays we are yet to finalise divorce. We have legal documents showing we have not been in a domestic relationship for 3 years. Is he still considered my "spouse" for tax reasons?

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GabbyATO(Community Support)Community Support
ATO Certified Response17 May 2022

Hi @Kaztax,


A spouse is someone who you're in a legally recognised relationship with, even if you're separated but not yet divorced. As you're not yet divorced, you would still be considered to have a spouse for tax purposes.

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GabbyATO(Community Support)Community Support
ATO Certified Response17 May 2022

Hi @Kaztax,


A spouse is someone who you're in a legally recognised relationship with, even if you're separated but not yet divorced. As you're not yet divorced, you would still be considered to have a spouse for tax purposes.

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Do I have a "spouse" if I'm legally married but no longer in a geniune relationship/separate | ATO Community