Opening a FHSA after separation/divorce

From the CRA website:

One of the following is true: You did not live in a qualifying home (or what would be a qualifying home if located in Canada) as your principal place of residence that your spouse or common-law partner owned or jointly owned in this calendar year or in the previous 4 calendar years

Or

You do not have a spouse or common-law partner at the time you open the account

I don't qualify based on the first point, but do I qualify on the second?

We separated in the fall of 2024 and let the CRA know. But the divorce is not likely to be finalized in 2025. Are they asking from a legal or a tax perspective?