If I file for a LEGAL separation, will I be able to file my taxes as single or will I still have to claim married?
2006-11-25 01:43:16 · 4 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
If you are separated and did not live together at any time during the last 6 months of the year then you do qualify as single for tax purposes (or head of household if you have a qualifying dependent).
If you lived together your options are married filing separately or if you are speaking you could still file jointly.
2006-11-25 02:11:01 · answer #1 · answered by nova_queen_28 7 · 2⤊ 1⤋
"Your filing status is single if, on the last day of your tax year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree, and you do not qualify for another filing status."
This is a quote from irs Publication 15, and can be found in various other publications.
State law governs whether you are legally separated under a separate maintenance decree. If you are, then you can file single or head of household, whichever applies.
Even if you aren't legally separated, you might still be able to file as head of household if you file a separate return, you paid more than half the cost of keeping up your home for the tax year, your spouse didn't live in the home during the last six months of the year, and your home was the main home of your child for more than half the year, and you are able to claim an exemption for the child (there are some exceptions to this last requirement of being able to claim the exemption).
Good luck.
2006-11-25 23:38:10 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
You can file single and if you have kids you can claim head of household. If you file married the your ex will have to be there to sign paperwork.
2006-11-26 18:12:18 · answer #3 · answered by shaydzofluv 2 · 0⤊ 0⤋
You will still have to file as MARRIED FILING SEPERATELY, until legally divorced.
2006-11-25 09:44:42 · answer #4 · answered by Norm 3 · 2⤊ 1⤋