Skip to main content
Level 1
March 16, 2021
Solved

I have been separated from my husband since July 2020. I put married and then that we were filing separately and that he doesn't live with me but it labels me as Head of Household instead of Married f

  • March 16, 2021
  • 1 reply
  • 25 views
No text available
Best answer by SundayInSalem

Head of Household is a better filing status than married filing separately. You can file as head of household if you are "considered unmarried":

 

  • You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.

  • You paid more than half the cost of keeping up your home for the tax year.

  • Your spouse didn’t live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. 

  • Your home was the main home of your child, stepchild, or foster child for more than half the year. 

  • You must be able to claim the child as a dependent. However, you meet this test if you can’t claim the child as a dependent only because the noncustodial parent can claim the child.

For example you cannot claim the Earned Income Tax Credit if you are married filing separately, nor, generally, the dependent care credit.

1 reply

Level 8
March 16, 2021

Head of Household is a better filing status than married filing separately. You can file as head of household if you are "considered unmarried":

 

  • You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.

  • You paid more than half the cost of keeping up your home for the tax year.

  • Your spouse didn’t live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. 

  • Your home was the main home of your child, stepchild, or foster child for more than half the year. 

  • You must be able to claim the child as a dependent. However, you meet this test if you can’t claim the child as a dependent only because the noncustodial parent can claim the child.

For example you cannot claim the Earned Income Tax Credit if you are married filing separately, nor, generally, the dependent care credit.