DianeW777
Expert Alumni

Deductions & credits

You are not required to file jointly.  If you do, you can never change your mind after April 15th. 

  • Separate returns after joint return. After the due date of your return, you and your spouse can’t file separate returns if you previously filed a joint return.  IRS Publication 504

The key is where the children reside. Only the custodial parent would be eligible for Head of Household filing status.  Review the information in the link below because there are slightly different rules for a married couple living apart and filing separate returns.

When you review consider medical records, school records or any other evidence the child or children actually live with you, using your address.

 

@johnrhyde 

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