My husband and I have been separated for over six months this year, living separately. I am claiming kids (he agrees), can I file head of household?

Forum|Forum|2 years ago
January 5, 2024
6 replies
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Best answer by rjs

Expert Reviewed

When you say "this year" I assume you mean 2023. Since your husband did not live with you during the last 6 months of the year, you can file as head of household if you do not file jointly with your husband, you paid more than half the cost of keeping up your home for the year, and a child whom you can claim as a dependent lived in your home for more than half the year.

rjs

Answer

Level 15

Expert Reviewed

Hal_Al

Level 15

Yes, you can file Head of Household (HoH). He must use Married Filing Separately (MFS) status, he cannot use single or HoH. If you can agree to do so, you can still file Married Filing Jointly (MFJ), for 2023, since you are still legally married.

Opus 17

Level 15

You must be separated since July 1 (or earlier) and pay more than half the cost of maintaining your home. If the children lived with you more than half the nights of the year, AND more nights than they lived with the other parent, the other parent’s permission is not needed for you to claim them. If they lived with you more than half the nights of the year but with the other parent more nights than you, you can still claim them and written permission is not required, but verbal permission is a good idea.

DBWilliams15

Level 2

Is there something in writing from the IRS that states that the separated parent who has more time with the child/children can claim dependents without permission from the other parent?

Thank you in advance for your anticipated response.