If you were legally divorced on December 31, you would file as Single. You cannot claim your former spouse as your dependent. You can only claim Head of Household if you have another dependent that you supported.
To qualify for Head of Household filing status, the following must apply:
- The taxpayer must be unmarried as of December 31, 2019
- The taxpayer must have provided more than half the cost of keeping a home. This includes rent/mortgage, taxes, utilities, meals, etc.
- The home must have been the principal residence of a dependent child or other qualifying dependent relative
Guide to Filing Taxes as Head of Household
She would claim the withdrawal of her 401(k) as income on her own return. You will not claim it on yours. However, you may have to claim a distribution from your 401(k) as a result of the divorce stipulation.
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