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Katk(Newbie)Newbie
27 Oct 2023

My husband and I have been separated and living apart for 8 years. He doesn't provide financial support to myself or our child. He is in a de facto relationship and lives with another woman who has declared they are defacto for tax return purposes. As we haven't divorced, the information on the ato site is confusing as to whether I should declare his income as a spouse. The information on this forum seems to suggest as we didn't interact at all financially that I can remove him from the spouse section. Can you please confirm that's right?

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Taxduck(Taxicorn)Taxicorn
27 Oct 2023

Yes, the meaning of spouse is confusing. This has been taken from the ATO website.


Your spouse includes another person (of any sex) who:

  • you were in a relationship with that was registered under a prescribed state or territory law
  • although not legally married to you, lived with you on a genuine domestic basis in a relationship as a couple.

The key word above is "relationship". Obviously being separated means there is no longer a relationship, so even though you are still married you don't have a spouse.

If a married couple were separated because one of them is say overseas or working full time in another state then they would still be considered a spouse because they are in a relationship (there's that word again)

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Most helpful reply

Taxduck(Taxicorn)Taxicorn
27 Oct 2023

Yes, the meaning of spouse is confusing. This has been taken from the ATO website.


Your spouse includes another person (of any sex) who:

  • you were in a relationship with that was registered under a prescribed state or territory law
  • although not legally married to you, lived with you on a genuine domestic basis in a relationship as a couple.

The key word above is "relationship". Obviously being separated means there is no longer a relationship, so even though you are still married you don't have a spouse.

If a married couple were separated because one of them is say overseas or working full time in another state then they would still be considered a spouse because they are in a relationship (there's that word again)

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Is he still a spouse for tax purposes? | ATO Community