Seperated can I file single or married
If you meet the strict definition of "legally separated", you are considered single (or you may qualify for Head of Household if you have a dependent.)
An individual who is legally separated from his spouse
under a decree of divorce or of separate maintenance is not considered married (i.e., that would be single.) Mere separation is insufficient - there must be an actual Court decree. Also some states recognize a legal separation and other states do not, and among the different states, the term means different things. Those states that do not recognize legal separations are:
Delaware
Florida
Georgia
Maryland
Mississippi
New Jersey (except in civil union cases)
Pennsylvania and
Texas.
If you have any doubt as to your status in your state, check with a local attorney who specializes in family law (or handled your separation.)
