My husband is filing Married Filed Separately and itemizing his deductions, I have nothing to itemize, can I take the standard deduction for the MFS status?

[chaucer0609]

I am a SAHM in a domestic abuse situation that I am currently trying to get out of. I have no income, except for early withdrawals from my retirement accounts in order to pay for my and our child's living expenses, although we live with my husband (economic abuse situation).

I understand that the withdrawals are considered income, and I have also read that if my husband itemizes, then I have to. He will be itemizing and will be claiming our son as his dependent since we live in the house.

Can I claim the standard deduction if I have no deductions to itemize? Is there anything I can do to lower my tax liability? I feel like I may be further victimized here.

[SweetieJean]

Which state do you live in?  Who is paying for your housing?

[chaucer0609]

California (community property state). My husband pays for mortgage through income from his employment.

[Coleen3]

Unfortunately, on you Federal return, with the MFS status, you will not be able to take the standard deduction if he itemizes. You may be able to come up with something, such as charitable contributions or medical expenses.

If you meet the qualifications, you may qualify for Head of Household.

Even if you were legally married as of December 31, you are considered unmarried (and therefore eligible for Head of Household) if all 5 of these conditions apply:

1. You won't be filing jointly with your spouse; and
2. Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count); and
3. Your home was your child's, stepchild's, or foster child's main home for more than half the year (non-child dependents in your home don't qualify); and
4. You paid more than half the costs of keeping up your home during the tax year; and
5. You meet the qualifications to claim the child as your dependent, even if the other (noncustodial) parent is actually claiming the child as a dependent on their return.

You can also be considered unmarried for Head of Household if your spouse was a nonresident alien at any time during the tax year and you're not treating them as a resident alien.

[chaucer0609]

Thank you for the information. Unfortunately, my husband says he will not allow me to have any of the charitable contributions and will claim them for himself because he says they are his, and I will not qualify as head of household.

[SweetieJean]

OP lives in a Community Property State.....

[SweetieJean]

It's not his choice  You each must claim 50% of the total income and 50% of the deductions under the Comm Prop rules. You may wish to see a local attorney and/or tax pro.

[chaucer0609]

Yes. Other than going to a lawyer and suing, which I will do when I am able file for divorce, I'm not sure how I can compell him.

[chaucer0609]

Thank you. You have helped me with a game plan on this.