In my original post I failed to state that I believe I am allowed to file as Head of Household because of the following as it relates to my status:
- my husband did not live with me for the entirety of 2022
- we are separated as of 12/31/2022 with a property settlement agreement. (Virginia law does not recognize a "legally separated" status. You are either legally married or divorced.)
- Therefore, I think we qualify as "unmarried" as defined by the IRS
I think my confusion concerns my Virginia tax return. I originally assumed it should show my filing status as "Married Filing Separately" since we are still legally married. But now I think my filing status should be "Single" since the IRS considers us "unmarried"?? Do you think my status should be "single" on the Virginia return? If so, then it looks like TurboTax correctly transferred my status from the federal return.
Also, I was thinking my husband would be filing as "Married filing Separately" on his 1040. Now I'm thinking it should be "Single" if I file my 1040 as Head of Household. Do you agree?
Thanks for your help!
