What is the legal way to file taxes during seperation?

Question

Can I claim head of household and my spouse claim single? What are the laws. If I claim married filing seperate then I lose EIC.

Answer 1

You can choose married filing separately (MFS) as your filing status if you're married and have no dependents (means basically have no kids ). The filing status may benefit you if you want to be responsible only for your your own tax. However, this is the least desirable filing status, because taxpayer has rather limited credits and lowest standard deductions.

You maybe able to choose Head of Household (HH) status, if you meet certain tests. This can apply to you even if you're not divorced or legally separated.

if you qualify to file as HH status instead of as MFS, your tax liability may be lower, you are able to claim earned income credit and other credits and also your standard deduction will be higher.

You may be able to file as HH, if you meet the following requirements:
1) You're considered "unmarried" on the last day of the year.
2) You paid more than half of the cost of keeping up your home for the year.
3) "Qualifying person" (means you took care of them, can be your kids, also parents who doesn't live with you and others) lived with you more than half of the year.
Note:Kids in college (temprory abcense) will be considered lived with you.

If you need more info, please click below link of IRS. Check under "FILING STATUS"

Answer 2

Generally you are limited to Married Filing Separately or Married Filing Jointly. You cannot file Single at all.

If you have lived apart from your spouse for the ENTIRE last half of the year and paid more than half of the cost of maintaining a household for your child who lived with you, you can file as Head of Household and take the EIC. Your spouse would have to file MFS.

Answer 3

If you separated before July 1 and didn't live together even one night after June 30, AND you have a dependent child living with you and you provide over half of the cost of keeping up the home for that child, then you can file as head of household. Your spouse can't file as single, would have to file as married filing separately.