Changing File Status (AMEND)

[naymafv]

I am legally married, but I have not lived with my legal husband as we are separated (no documents processed as legal separation) but cannot afford a divorce. We have not been living together since 2019. 

I already did our taxes as married jointly because I thought it was mandatory (and my legal husband gave me a hard time about this) so I am wondering if I can amend so I can claim as Head of Household instead. If this is legal, will I need to provide any documentation as proof of us not living together or anything else? If so, what type of proof will I need to provide? How does this all work? 

And IF I CAN amend, what does my legal husband have to do on his end for HIS taxes?

[JeffreyR77]

You can amend your tax return from Married Filing Jointly to Head of Household for 2020 if you do before April 15. 

After that you do not have the option of amending to change to that filing status. 

If you do amend to Head of Household, your husband will need to amend his tax return to file as Married Filing Separately (unless he also qualifies to file as Head of Household.  He would need to be providing the home for a dependent that is claimed on his tax return just as you do).

Filing Status Changes

[SweetieJean]

@JeffreyR77 What if her estranged husband did not know of the Joint filing, or agree to it?

[naymafv]

Thanks so much for your response, Jeffrey!

Will I need to provide documents as proof that we do not reside at the same address or is there anything else I need to submit?

[naymafv]

@JeffreyR77 

Hi Jeffrey! Thanks again for your help.

Will I need to provide documents as proof that we do not reside at the same address or is there anything else I need to submit once I amend from Married Jointly to Head of Household?

[JeffreyR77]

No you do not need to submit any proof to the IRS when you submit your amended tax return.