Unless you only recently filed your 2020 tax return and it is still being processed by the IRS you can go ahead and amend your 2020 return, if you need to. Once you file an amended return, it normally takes eight to twelve weeks to be processed. However, there are still significant processing delays at the IRS, so could take longer.
You may not need to amend, as you could be OK having filed as Single, if you have a decree of separation maintenance. Since the IRS honors the divorce laws of the states, where you live affects your options. In Texas, for example, you remain married from a tax perspective until your divorce is final, even though you're legally separated.
If tax law considers you "unmarried" because you got a decree of separation maintenance prior to December 31, you can file with "single" or "head of household" status.
"Head of household" requires you to have a dependent and pay at least half of the expenses needed to maintain a home.
- If your dependent is a child who lives with you more than with your spouse, the IRS considers you to be the custodial parent.
- Your deductions and credits as custodial parent depend on whether your spouse has agreed to waive his/her ability to claim the child as a dependent—only one of you can claim the child as a dependent.
- When you can claim your child as a dependent, you can claim child-related credits.
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