she withdrew her 401k in 2019 and she took my 401k 70% of it after divorce in 2020

[956cd712]

PLEASE HELP me i got divorced on 12/31/2019 but still lived with me in 2020  ex wife said to file single head of house hold and now she forgot to mention the 401k she took out in 2019 she won't tell me details about it i supported her all year while she was going to school she got one paycheck for two weeks that carried over from 2018 now she is telling me about the 401k withdraw from her own account and to put a cherry on to she just got 70% of my 401k last week  

[Critter]

Ok ... if you were divorced on 12/31 then what she has means nothing to you at all.  You cannot claim her as a dependent or use her for HOH filing status.  You will simply file your own return reporting your own income.

[VictoriaD75 · Accepted solution]

If you were legally divorced on December 31, you would file as Single. You cannot claim your former spouse as your dependent. You can only claim Head of Household if you have another dependent that you supported. 

To qualify for Head of Household filing status, the following must apply:

• The taxpayer must be unmarried as of December 31, 2019
• The taxpayer must have provided more than half the cost of keeping a home. This includes rent/mortgage, taxes, utilities, meals, etc.
• The home must have been the principal residence of a dependent child or other qualifying dependent relative

Guide to Filing Taxes as Head of Household

She would claim the withdrawal of her 401(k) as income on her own return. You will not claim it on yours. However, you may have to claim a distribution from your 401(k) as a result of the divorce stipulation.

[956cd712]

even if she still lived with me in 2020?

[Critter]

If she had more than $4000 of any kind of income she cannot be your dependent and can never qualify you for HOH.  

[956cd712]

even if she still lived with me after in 2020

[Critter]

YES ... even if she still lives with you till you die.  Once divorced her income comes into play.

Qualifying relative

• They don't have to be related to you (despite the name).
• They aren't claimed as a dependent by someone else.
• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
• They aren’t filing a joint return with their spouse.
• They lived with you the entire year.
• They made less than $4,250 in 2019.
• You provided more than half of their financial support.