ok thanks but these are the only options on the form; Never married, Annuled marriage, Married, Divorced, Widowed, Common law and legally separated
Ok, I wasn't clear in my previous post. You don't need a court document to be considered legally separated in Canadian law. If you are not together with your spouse anymore (i.e. not living together, no longer in a "marriage-like" relationship) you are considered legally separated.