I have an adult child that is living with me. My husband and I are living seperately for the past year, I had income, he did not. How do i file?

[sherry-hayman]

I believe my husband is drawing social security disability although he won't disclose this information. He doesnt' want me to file married filing jointly. I assume he is concerned my income will interfere with his SSI. My unemployed child that lives with me has had no employment the past year and is 20 years old.

[Texas Roger · Accepted solution]

Based on what you have said, you should be able to claim your adult child as a qualifying relative dependent. Since you lived apart from your husband the entire last half of 2018, you are considered unmarried for tax filing purposes. These two things most likely allow you to file as Head of Household which is a much better filing status than Married Filing Separately which would be your only other option if you don't file Married Filing Jointly.

Here are the requirements for filing Head of Household:

1. You are not married or “considered unmarried” on the last day of the year. You are considered unmarried if you lived apart from your spouse the entire last 6 months of the year.

2. If "considered unmarried" you file a separate return from your spouse.

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

4. You have a qualifying child (whether or not you claim the dependency exemption) or you claim a dependency exemption for a “qualifying person”  who is related to you and who lived with you in the home for more than half the year. An exception is a parent does not have to live with you to be a qualifying person.

[sherry-hayman]

Thank you so much!!