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/her 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.)
