My gf is legally married. She's lived here since September 2016 and has no income. Should I amend my return to claim her as a dependent?

[heather5]

My girlfriend moved here in September 2016.  She's still legally married even though they've been separated for a year and a half.  He's in the army stationed in Germany.  Legally she's entitled to half of his salary but he only gives her $800/mo.  This helps pay her bills and for any incidentals she needs (cigarettes, etc) but I pay the mortgage, utilities, food, etc.  She pitches in, but in no way do I get $800 a month for help with everything.

I've already filed my taxes for 2017, but am thinking about amending them to be head of household claiming her as a dependent.  She's disabled and trying to get social security.  He's cut off all communication with her.  So I'm wanting to get this done as soon as possible to beat him to it since she's been with me all this time.

Is this a good idea?

[Zbucklyo · Accepted solution]

You may be able to claim her as a dependent if:

(1) she had less than $4050 income,

(2) you provided more than half her support,

(3) she does not file a joint return with her husband.

She does not qualify you as Head of Household because you are not related.

NOTE:  Someone edited this response, and I am changing it back.

[Rainman12]

You can not put your live-in friend on your return for multiple reasons. Main two:

1) Did not live with you all year, so not qualified as a dependent..

2) You're not related, so she is not a 'qualifying person' for Head of Household'.

[heather5]

Um..did you read the question?  She's lived here since September 2016.  And she's my girlfriend, not a live-in friend.  And I know you can claim people who aren't related as dependents, so wrong again.

[xmasbaby0]

A non-relative cannot be claimed as a qualifying dependent for HOH status.  Per you-- she has over $4050 of income for 2017,

[heather5]

It's not income that's reported.  It's basically her trying to get money out of the ATM and hoping it's there when he says it is.

[Zbucklyo]

I'm thinking the $800 might be a gift, and non-taxable (when OP says legally, it is not clear that it is actually the case).

[xmasbaby0]

So she is possibly a dependent for the $4050 personal exemption. That is all.  Sounds messy.  When the question about healthcare coverage comes up--and she is covered by spouse's military coverage....

[heather5]

Why do you never finish your sentences?