Or can we file head of household each since we live seperately? We have legal separation papers. We live in NC. I'm just not sure if we need to still file married this year.
2007-11-24 14:49:32 · 4 answers · asked by threeboysmamma 3 in Business & Finance ➔ Taxes ➔ United States
If you are divorced by the end of the year, or have a legal separation in your state (not just living separately) then you could file as single for the year. Check with your lawyer as to whether the separation papers you have qualify. If they do, you can file as single, or you can file as head of household if you have a qualifying dependent (closely related, like a child) living with you, and provided more than half of the cost of keeping up the home for that child. If you have a parent you claim as a dependent, you can most likely file as head of household even if they don't live with you.
If your separation papers don't qualify under tax law as a legal separation, you can file a joint return if you can agree on it, or you can file as married filing separately. If you separated before July 1, and haven't lived together even one day since then, and one or both of you have a dependent child living with you and you provided more than half the cost of keeping up the household for the year for that child, then that person could claim head of household, otherwise no, your choices would be joint or married filing separately.
Living by yourself, or with someone else who doesn't qualify as your dependent or who isn't closely related, does not allow you to file as head of household.
2007-11-24 15:09:40 · answer #1 · answered by Judy 7 · 0⤊ 0⤋
You can only file as head of household if you two have been separated before June 1, 2007, each maintain a home, and have at least one qualifying dependent live with you. If you do not meet this test then you can either file: Married filing separately or Married Filing Separately. Married Filing Separarely is the least desirable filing status to ever use.
2007-11-25 09:14:59 · answer #2 · answered by Gary 5 · 0⤊ 0⤋
Here are the requirements for Head of Household status:
You may be able to file as head of household if you meet all the following requirements.
*You are unmarried or "considered unmarried" on the last day of the year. (You meet this requirement).
*You paid more than half the cost of keeping up a home for the year.
*A "qualifying person" lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the "qualifying person" is your dependent parent, he or she does not have to live with you.
Qualifying Person.
1. Qualifying child who lived with you more than half the year.
2. A qualifying relative who is your mother or father.
3. A qualifying relative who lived with you for more than half the year and you can claim as exemption for him or her.
2007-11-24 18:17:40 · answer #3 · answered by MukatA 6 · 0⤊ 0⤋
Short version: Provided the divorce is not final by December 31, you do not NEED to file together, but if you are on civil terms you will probably find out that is the best option.
2007-11-24 15:25:13 · answer #4 · answered by Anonymous · 0⤊ 1⤋