My husband and I were living together during 2006, he was unemployeed all but 3 months of the year. I would like to file separately, but if I do so, can I claim him as a dependent since he had barely any income and I supported him the entire year? Please help me, we are now separated and I am pregnant. He left me with all the bills. Thanks !
2007-03-03 00:13:25 · 5 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
You cannot take your husband as a dependent. Even if you could, I bet he is going to claim himself & that would cause you more problems. If you lived together for the last 6 months of 2006, you cannot file head of household. To qualify as an "abandoned spouse", you have to be "abandoned" for most of the year. It would be best if he will cooperate with filing one last joint return, but I doubt you have that option. If he will not, you are basically stuck w/ married-filing-separately. I know it stinks, but at least then you won't be responsible for anything stupid he puts on his return. I say that b/c he just doesn't sound like someone of fabulous character, in general. The good news is: As long as you don't let the worm move back in, you'll be home free for head-of-household for 2007.
Best wishes w/you baby! Take care of yourself. Living well is the best revenge. :)
2007-03-03 00:51:27 · answer #1 · answered by Tom's Mom 4 · 0⤊ 1⤋
You can never claim a spouse as a dependent. If you file separately, you can usually claim an exemption for a spouse if that person had NO income during the year - but "barely any" isn't "NO income", so you could not claim an exemption for him.
A couple of the responders imply that you can file as head of household if you didn't live together during the second half of the year - this is only true if you already have at least one child living with you - if the baby you're expecting is your first, then no you can't.
You are allowed to file a joint return with him, but only if the two of you agree and he signs it - to just file a joint return without his knowledge would be illegal and fraudulent.
Good luck though - sounds like you're in a real tough situation.
2007-03-03 11:16:10 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
Spouses are never a dependent.
If you lived apart for the last six months of the year, you may file Head of Household if you have a child.
If you lived together at any time after 6/30/06, you can file "Married-Filing Jointly" or "Married-Filing Separately. If you file Separately, he would not be on the return at all.
2007-03-03 08:54:22 · answer #3 · answered by Wayne Z 7 · 2⤊ 1⤋
If you had children in 2006 you can file as head of household. Which would be the best option. You should look up the "abandoned spouse rule" on the IRS website. If you did not have children another option would be to file a joint return, was his W2 mailed to your house? If so he is unlikely to be filing on his own. All in all if you are married you can't claim his as a dependent.
2007-03-03 08:38:34 · answer #4 · answered by Primdiva 3 · 0⤊ 4⤋
I couldn't find anything stating that you can't claim him, but I believe that you can't claim him since you are filing separately. However, if you have any other children, go ahead and claim them.
2007-03-03 08:21:35 · answer #5 · answered by Steve 6 · 0⤊ 4⤋