when are you "considered unmarried" by the IRS?

Question

I filled my taxes as head of household for many years. On those years I got married and lived together for 3 months with a guy. It took me 1 year to file fo divorce and 2 years for the divorce to be granted. THe IRS is very vague when it states that a person filing as Head of Household should be "considered unmarried". I need to clarify this in order to get my american citizenship. Please help.

Answer 1

For starters, you need to have a 'qualifying dependent' (usually this means a child) in order to claim head of household. Otherwise, you are just 'Single'.

If you lived with the guy for any time during the last 6 months of the year you are considered married.

If you were legally married, but did not live together at any time during the last 6 months of the year you have the option of filing a joint tax return OR filing as Single (unless you have a dependent, in which case you would be 'Head of Household').

Answer 2

If you were divorced on the last day of your tax year, Dec 31 for almost everyone, then you're considered unmarried for the year and can file head of household. Or if you meet the following rules for being "considered unmarried". Otherwise, you'd have to file as married filing separately.

1 you don't file a joint return
2. You paid more than half the cost of keeping up the home
3. Your spouse didn't live in the home during the last 6 months of the year.
4. Your home was the main home of your child, stepchild or eligible foster child for at least 6 months of the year
5. You can claim an exemption for the child. But if you can't only because the other parent can claim the child because of special rules set for children of divorced parents, you can still file h of h.

If this still seems vague, email me with more specifics and I'll try to help.

Answer 3

Considered Unmarried

Answer 4

Based on the following from Internal Revenue Service, you would have to be separated and living apart for at least 6 months and have a final divorce to file as head of household. You should file as married, filing separately, or if your spouse will agree, jointly.
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Keyword: Divorced or Separated Spouses/Parents

2.2 Filing Requirements/Status/Dependents/Exemptions: Filing Status

If I moved out of my house on July 10, but was not divorced at the end of the year, can I file as head of household and take the earned income credit if I have a minor child? Can I also claim child care expenses?

You do not qualify for the head of household filing status because you and your spouse have not lived apart for the last 6 months of the taxable year and are not considered unmarried. Your filing status for the year will either be married filing separately, or married filing jointly. If it is married filing separately, you will not qualify for the Earned Income Credit and cannot claim a credit based on child care expenses. If you file a joint return with your spouse, you may be eligible to claim these credits. See Publication 503, Child and Dependent Care Expenses and Publication 596, Earned Income Credit.

Answer 5

Considered Unmarried

To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests.

1.

You file a separate return (defined, earlier, under Joint Return After Separate Returns).
2.

You paid more than half the cost of keeping up your home for the tax year.
3.

Your spouse did not live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. See Temporary absences, later.
4.

Your home was the main home of your child, stepchild, or eligible foster child for more than half the year. (See Home of qualifying person, later, for rules applying to a child's birth, death, or temporary absence during the year.)
5.

You must be able to claim an exemption for the child. However, you meet this test if you cannot claim the exemption only because the noncustodial parent can claim the child using the rules described later in Children of divorced or separated parents under Qualifying Child or in Support Test for Children of Divorced or Separated Parents under Qualifying Relative. The general rules for claiming an exemption for a dependent are explained later under Exemptions for Dependents.

Answer 6

Dear Unmarried:

You are considered unmarried if you did not live together at any time during the last 6 months of the year. So if you were married in August and lived together for 3 months, you would not be considered unmarried for Head of Household purposes.
If you were married in February and only lived together for 3 months, then you would qualify.
The remaining years....even if you were technically married...you may qualify for HOH since you did not live together during the year.

If you need further assistance, please contact me via: www.slarson.com/contact

Regards,
Steve Larson

Answer 7

Ladies and gentleman observe the mind of a liberal he was 8 years behind on taxes he was told that he could not take certain deductions he just chose to ignore it. yet to a liberal it is no big deal but then again Charles Rangal who writes the tax laws did not pay his taxes either. Since Democrats have no standards they really can't break any.

Answer 8

If you lived together over half of the year before the divorce was finalized you are considered married.
Your choice- married filing seperate
Married filing joint

Answer 9

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