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If you have filed for legal seperation (in Michigan it is called seperate maintenance), do you still have to file taxes together? I know if you are not living together and file seperately without a legal seperation, you do not qualify for the earned income credit. But if you file for seperate maintenance, can each party file for the credit then?

2007-10-12 01:23:26 · 5 answers · asked by Tink 5 in Business & Finance Taxes United States

5 answers

If you have a LEGAL separation, you are considered unmarried for Federal Income Tax purposes. You may file as Single or Head of Household depending upon which status you qualify for. You do NOT file as married, either jointly or separately, if you are under a legal separation agreement or order.

Whether either of you can claim the EIC depends upon the standard EIC rules. Generally you must maintain a home for an unmarried dependent child under age 17 among other qualifications. If either or both of you meet the qualifications you can claim the credit.

2007-10-12 01:49:43 · answer #1 · answered by Bostonian In MO 7 · 1 0

For Earned Income Credit, your status can't be Married Filing Separately. Check if you qualify for the Head of Household status, then you can get EIC.

2007-10-12 01:35:29 · answer #2 · answered by MukatA 6 · 0 1

For federal tax purposes, you can still file a joint return and if you can trust each other to fairly split the refund - you'll probably make out the best that way - Married, filing separately is the worst situation to file - tax wise. Not familiar with Michigan state taxes

2007-10-12 01:31:32 · answer #3 · answered by Anonymous · 0 1

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2016-12-14 15:26:34 · answer #4 · answered by Anonymous · 0 0

The objective of separate maintenance is to allow the parties to live their lives as single people who are prohibited from remarrying.

2007-10-12 03:39:52 · answer #5 · answered by Anonymous · 0 0

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