# Disability for separated spoutse **URL:** \ **Category:** T1\ **Created:** [March 14, 2018, 12:51pm UTC](https://www.protaxcommunity.com/t/disability-for-separated-spoutse/1679 "2018-03-14T12:51:50Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![rachelavryl](https://avatars.discourse-cdn.com/v4/letter/r/ccd318/32.png) [@rachelavryl](https://www.protaxcommunity.com/u/rachelavryl)\ **Post date:** [March 14, 2018, 12:51pm UTC](https://www.protaxcommunity.com/t/disability-for-separated-spoutse/1679/1 "2018-03-14T12:51:50Z")
how should we handle… my clients legally separated in 2017… but one is still entitled to claim the DTC for the other… when I enter the disabled spouse as a dependent on the now separated returns, the drop down list only has options has child, parent, grandparent etc… therefore getting review messages and the DTC does not want to populate… Is there a better way to handle this ? or should I just override federal and provincial schedules to allow disability transfer for her former spouse… as this situation probably doesn’t occur very often. yes, agreement among both to still use this year and former spouse has under $500 of income for the year. Thanks, ---
**Author:** ![snoplowguy](https://sea2.discourse-cdn.com/flex016/user_avatar/www.protaxcommunity.com/snoplowguy/32/2535_2.png) [@snoplowguy](https://www.protaxcommunity.com/u/snoplowguy)\ **Post date:** [March 14, 2018, 1:09pm UTC](https://www.protaxcommunity.com/t/disability-for-separated-spoutse/1679/2 "2018-03-14T13:09:44Z")
Regardless of any side agreement they may have, if they were separated on December 31st there are no Schedule 2 transfers of unused credits (age amount, pension credit, disability etc) permitted. This is likely why the software is giving you a hard time. ---
**Author:** ![rachelavryl](https://avatars.discourse-cdn.com/v4/letter/r/ccd318/32.png) [@rachelavryl](https://www.protaxcommunity.com/u/rachelavryl)\ **Post date:** [March 14, 2018, 1:24pm UTC](https://www.protaxcommunity.com/t/disability-for-separated-spoutse/1679/3 "2018-03-14T13:24:06Z")
I wasn’t thinking is schedule 2. I was thinking another type of dependent schedule 5 Rachel Thibodeau Parlee (506) 874-3093 ---
**Author:** ![snoplowguy](https://sea2.discourse-cdn.com/flex016/user_avatar/www.protaxcommunity.com/snoplowguy/32/2535_2.png) [@snoplowguy](https://www.protaxcommunity.com/u/snoplowguy)\ **Post date:** [March 14, 2018, 1:42pm UTC](https://www.protaxcommunity.com/t/disability-for-separated-spoutse/1679/4 "2018-03-14T13:42:41Z")
Any transfer of Disability from a spouse or common law spouse is handled through the Schedule 2. ---
**Author:** ![taxwave](https://sea2.discourse-cdn.com/flex016/user_avatar/www.protaxcommunity.com/taxwave/32/2957_2.png) [@taxwave](https://www.protaxcommunity.com/u/taxwave)\ **Post date:** [March 14, 2018, 2:44pm UTC](https://www.protaxcommunity.com/t/disability-for-separated-spoutse/1679/5 "2018-03-14T14:44:36Z")
Note Your spouse or common-law partner cannot transfer to you any tuition, education or textbook amounts carried forward from a previous year. **If you were separated because of a breakdown in your relationship for a period of 90 days or more including December 31, 2017, your spouse or common-law partner cannot transfer any unused amounts to you.** [https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/line-326-amounts-transferred-your-spouse-common-law-partner/you-claim-transfer-certain-amounts-your-spouse-common-law-partner.html](https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/line-326-amounts-transferred-your-spouse-common-law-partner/you-claim-transfer-certain-amounts-your-spouse-common-law-partner.html) ---
**Author:** ![rachelavryl](https://avatars.discourse-cdn.com/v4/letter/r/ccd318/32.png) [@rachelavryl](https://www.protaxcommunity.com/u/rachelavryl)\ **Post date:** [March 14, 2018, 3:53pm UTC](https://www.protaxcommunity.com/t/disability-for-separated-spoutse/1679/6 "2018-03-14T15:53:56Z")
Thanks for this… but they were not separated for more than 90 days… date of separation is mid November… Thank you for all the help… much appreciated Rachel Thibodeau-Parlee Accountant 5575 Route 895 Colpitts Settlement, NB E4J 3A2 Cell (506)874-3093 Fax (506) 386-6022 Home (506) 372-8060 ---
**Author:** ![Arliss](https://sea2.discourse-cdn.com/flex016/user_avatar/www.protaxcommunity.com/arliss/32/52_2.png) [@Arliss](https://www.protaxcommunity.com/u/Arliss)\ **Post date:** [March 14, 2018, 4:14pm UTC](https://www.protaxcommunity.com/t/disability-for-separated-spoutse/1679/7 "2018-03-14T16:14:06Z")
The 90 days does not have to end in the tax year. Separated at year end, no transfer of the credit is possible. ---
**Author:** ![helga\_spence](https://sea2.discourse-cdn.com/flex016/user_avatar/www.protaxcommunity.com/helga_spence/32/268_2.png) [@helga\_spence](https://www.protaxcommunity.com/u/helga_spence)\ **Post date:** [March 14, 2018, 9:53pm UTC](https://www.protaxcommunity.com/t/disability-for-separated-spoutse/1679/8 "2018-03-14T21:53:33Z")
If they reconciled in 2018 and the period of separation was less than 90 sequential days, they would still be considered married as of Dec 31, 2017 and Schedule 2 applies.😀 If the separation was for 90 sequential days or more including Dec 31, 2017, then they are considered retroactively separated as of the first day of their separation.and NO benefits are transferable.☹