@booneh57 wrote:
I want to know the same thing. What qualifies as a separation decree. I have a paper signed by a judge stating how much c support, alimony, and it is checked final order
It depends on your state law, we can't help you.
I can tell you a story about New York, because I researched this for myself. In NY, you can get a separation agreement that specifies support, custody, non-interference, and so on, without a divorce. The Tax Court ruled that this is not sufficient to be considered "unmarried" for tax purposes, partly because separations are voluntary and reversible, even if they are under a judge's supervision. New York does have a type of permanent and final legal separation, but as a practical matter, no one uses it anymore, since it has all the costs and downsides of a divorce but does not have the upside that you are free to marry again. It seems to be a legal holdover from a time when divorce was rare, difficult to obtain and frowned on by society and most religions. The form of legal separation that is most common today in NY does not qualify a taxpayer to file as "unmarried" for the IRS.
I have not researched all 50 states, but I am not aware of any state where their particular form of legal separation actually meets IRS requirements to be "considered unmarried." Maybe there are some states, I don't know, and we can't advise you. You would need to speak to an attorney or enrolled agent who has experience with your state laws.
