rjs
Level 15
Level 15

Get your taxes done using TurboTax

You can file as single if you are "legally separated from your spouse under a divorce or separate maintenance decree." That means a decree from a court. As xmasbaby0 said, not all states have legal separation. Check with a lawyer.


If you are legally separated according to the IRS definition, then the IRS considers you unmarried. In that case, you cannot file as married filing separately and neither can your ex-wife.