I have a protective order against my spouse. I filed for divorce last year but my state has a 3 month waiting period. How do I not loose my tax credits when I file taxes?

[Anita01]

did youl ive with your spouse during the last 6 months of 2017?

[lattelove]

I moved out permanently with the kids in Oct of 2017 and we also lived apart for about 3 weeks in Jan of 2017

[Anita01]

Without a formal separation agreement, you have no choice bur married joint or married separate and separate means you will lose your credits.  You could ask your attorney if your state recognizes filing for divorce as a formal separation.  You cannot file as Head of Household if you spent even one night living with your spouse during the last 6 months of 2017.

[lattelove]

Thank you for your response! With a protective order we can't be around each other or even talk on the phone- the court determined child support, custody, and even division of some assets while the divorce is pending. Would that not count as separated? Or is that completely up to the state?

[Anita01]

I would think it would but it is indeed entirely up to the state.  Some states don't even recognize separation in any way.  I would be especially careful in your case because it sounds like your husband might be the type to try to claim your children.

[lattelove]

Thank you.