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So you snore a little and your spouse has you sleeping in a separate bedroom. That’s your business, right? Maybe not.

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As judges today wade through the murky waters of whether a couple are truly in a common-law relationship, they are guided by a 1980 court decision.





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The state of your marriage or your common-law status is the government’s business as well because of the tax advantages you might get from being married or, conversely, the deductions you might be able to keep by saying you’re still single.

Expanding income splitting for families, something seniors have been able to do with pensions since 2007, could bring the government into your bedroom like never before.

It’s not like the Canada Revenue Agency and the courts haven’t been there previously. Case law on the subject goes back as far as 1980, with one particular court decision often cited because it outlines key criteria for defining what constitutes a common-law or marital relationship.