topic Married but not legally seperated in Get your taxes done using TurboTax

Married but not legally seperated

sara2576 — Mon, 09 Mar 2026 05:34:31 GMT

I am married but we are not living together. My husband lives in Ohio and I live in Washington State. We are not legally separated. The last tax year I filed with my husband was in 2015. I am wondering if I can go back to filing married despite not living together? My income took a jump this year and my employer did not withhold the correct amount of federal taxes out of my paycheck so I am needing the higher deduction. Also can I go back and amend the returns where I filed as head of household? Or should I just leave those returns alone? He is a disabled veteran so either way I file will not affect him due to he doesn't have any income due to receiving disability through the VA. Although he did purchase a home in 2020. Can anyone help me with this mess?

Re: Married but not legally seperated

LeonardS — Sat, 19 Feb 2022 20:20:35 GMT

Yes, you may file jointly even when you do not live with your spouse, the IRs allows a taxpayer to change their filing status from Head of House to filing jointly by amending their tax returns. However, there is a 3-year statute of limitations in which you may file an amended return. The oldest return that you may amend would be for tax year 2018 and you will have to amend and file that return no later than April 18, 2022. It is your decision to amend or not amend your past year's returns.

This link How do I amend my 2020 return? has information you may find useful.

Ref: IRS 21.6.1.3 (10-01-2002) Filing Status and Exemption/Dependent Adjustments

What Are Filing Status Changes?

A taxpayer may file an amended return to change the filing status claimed on the original return. Changes may involve the following:
- From Married Filing Separately (MFS), Single, or Head of Household (HOH) to Married Filing Joint (MFJ), refer to IRM 21.6.1.4, Filing Status Research, and IRM 21.6.1.4.1, Married Filing Separate, Single, or Head of Household to Married Filing Joint Research
- From MFJ to MFS, Single or HOH, refer to IRM 21.6.1.5.5, Married Filing Joint to Married Filing Separate, Single, or Head of Household Procedures
- Other changes, such as Qualifying widow(er) with dependent child

Re: Married but not legally seperated

xmasbaby0 — Sat, 19 Feb 2022 20:24:49 GMT

It is important to note that you cannot just unilaterally decide to file a joint return with your spouse who lives in another state without consulting him. He has to agree to file a joint return with you and he has to agree to amend those past returns.