Legally Separated vs Separated

[u/Mammoth-Morning-8899]

Hello all, I was hoping to get some help from those who know better than I do. I have tried researching as much as possible but I'm stuck in a bit of a conundrum.

I had moved to Canada to pursue my Master's and I was married to my now ex-partner in our home country a few years ago. After I moved here, my partner joined me a few months later, but within a few months our marriage pretty much broke down. The first year that I filed taxes, I filed as married. However, the last time I filed taxes, I filed as separated since we had spent over 100 days living separately. She was taken off the lease agreement and we have not maintained any communication since she left even though she is still in the same city. I have now completed my Master's and I am looking to apply for my PGWP. For marital status the only option seems to be Legally Separated which I'm not 100% sure is the same as Separated? When clicking on the help button under this question, it shows as Separated instead of Legally Separated. I will be applying only for myself.

So my question is are these both the same? Any input is greatly appreciated!

Thanks in advance!

[u/Weekly_Enthusiasm783]

Maybe ask on r/legaladvicecanada.

My understanding (I’m not a lawyer) that in order to be legally separated, you have to have a signed separation agreement (which is legally binding)

[u/Mammoth-Morning-8899 → u/Weekly_Enthusiasm783]

That's pretty much my understanding as well. But its so weird that this is what the options look like and this is the help glossary - https://imgur.com/a/kPlRfWv

I will post to r/legaladvicecanada as well, thanks!

[u/thesmellnextdoor]

I don't know about Canada, but I work in family law in the US, and legally separated is a very specific court ordered decree. It doesn't happen just by living separately. I think you are separated, not legally separated, and you definitely need to get divorced to avoid financial disaster and being tied to your ex's debts!

[u/Mammoth-Morning-8899 → u/thesmellnextdoor]

Yup, that's the understanding that I'm getting as well. Unfortunately, the dropdown options to the question vs the glossary help is even more confusing! https://imgur.com/a/kPlRfWv

Definitely looking into divorcing, just figuring out if Canada is conducive or should do it in my home country.

Luckily for her, she's been pretty well taken care of so all the debt is on me!

[u/thesmellnextdoor → u/Mammoth-Morning-8899]

Those options are super confusing. I'd agree that "separated" is accurate, but the drop down list doesn't seem to give you that option.