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A.Person(Newbie)Newbie
12 Dec 2024

I have read through the 'Spouse details and your tax return' article but it has not answered my question.


I separated from my ex-partner in Feb 2024. We were both in receipt of welfare payments at the time, and so we formalised the separation with Centrelink.


My ex-partner and I have a Three-Year-Old child and we are trying to maintain consistency in the child's living arrangement and not cause disruption in their relationship with us as parents. In saying that, my ex-partner and I want to live under different rooves but neither of us has the financial ability to realise this... and having one or both parents living on the street isn't an ideal solution for the child.


I started a new job in November 2024 and ticked that I have not had/do not have a spouse in this financial, which I feel is the honest answer, but I'm now worried that, since my ex-partner and I are still 'legally married', I may not have answered correctly in the eyes of the ATO.


Please advise whether or not the ATO considers me to have a spouse for tax purposes when I am 'separated under the same roof' (which is admissible to Centrelink) but still 'legally married' at this stage (I can't attempt to divorce until Feb 2025 due to the need to demonstrate separation in the divorce application to the Federal Circuit and Family Court).


Thank you in advance for all considered input.

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1 replies
2,325 views
1 replies

Most helpful response

Most helpful reply

PollyATO(Community Support)Community Support
18 Dec 2024

Hey there @A.Person,


I can see how this would be confusing. I'll try and help you out here.


If you were separated from your partner, no longer living together (but still legally married) you wouldn't be considered to have a spouse.


But, if you were in a relationship from 1 July 23 till Feb 24, you'd need to tell us on your tax return. This is because our Financial Years run from 1 July - 30 June so you were technically in your relationship for part of the year.


This info helps us calculate your Medicare Levy Surcharge.

All replies

Most helpful reply

PollyATO(Community Support)Community Support
18 Dec 2024

Hey there @A.Person,


I can see how this would be confusing. I'll try and help you out here.


If you were separated from your partner, no longer living together (but still legally married) you wouldn't be considered to have a spouse.


But, if you were in a relationship from 1 July 23 till Feb 24, you'd need to tell us on your tax return. This is because our Financial Years run from 1 July - 30 June so you were technically in your relationship for part of the year.


This info helps us calculate your Medicare Levy Surcharge.

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Separated under one roof but still legally married | ATO Community