You are correct on both points. Your paycheck has nothing to do with the filing status you end up choose, it is based off of what SUPPOSEDLY you will choose at the end of the year. As I said in my answer, I cannot give you legal advice as to whether Colorado's law considers you married or not, but I can provide you with information. Here is their website that specifically mentions the requirements: <a rel="nofollow" target="_blank" href="
http://www.colorado-family-law.com/common-law-marriage/colorado-common-law-marriage-requirements.htm...I'll have to leave it to you to interpret. If legally you are unmarried, the first part of my answer applies to you. If legally you are considered married by December 31, 2016, you must use one of the married filing status. If it's complicated, you may need to ask an attorney to be certain.
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