Can my spouse claim our 2 kids (3 and 1) as a dependent even though we have been living apart for over a year (there is no legal documents on seperation or divorce yet). The kids have always lived with me, and child support is in progress (hasnt gone through yet). But spouse recently started sending $150 every other month, and i'm guessing will state during tax season that support was provided.
You'll need to sign in or create an account to connect with an expert.
Generally, absent any formal agreement, the IRS tie-breaker rules will apply when determining who is eligible to claim dependents.
In this case, since the dependents have always lived with you, there is no formal agreement in place, and you are both parents to the dependents, you would be the person eligible to claim the dependents, per the tie-breaker rules.
Hello Davis_24
Based on the circumstances you have presented as far as marital status, living arrangements of yourself, spouse, and children, no documentation as far as separation or divorce, your spouse cannot claim your children as dependents for the 2024 tax year.
There are 2 types of dependents: 1) qualifying child and 2) qualifying relative. In your case, your children will classify as qualifying children
To meet the criteria for qualifying child, all 5 of the following tests need to be met: 1) age (child must be under 19years of age or if full-time student, under 24 years of age. If child is permanently disabled, there is no age limit), 2) relationship (child must be related to you), 3) residency (child must reside with taxpayer for >50% of the tax year), 4) support (cannot be responsible for >50% of their support), and 5) joint return (child cannot file joint tax return with a spouse). Based on what you have mentioned in your question, your children would not meet the residency test, since you mentioned that you and your spouse live apart, and your children always reside with you. In your case, you would be able to claim your children as a dependent since they live with you (satisfying the residency test)
Still have questions?
Make a postAsk questions and learn more about your taxes and finances.
nicolevdelorme98
New Member
ElizabethP47
Level 2
sam992116
Level 4
terrybeach1583
New Member
chbig203
New Member
Did the information on this page answer your question?
You have clicked a link to a site outside of the TurboTax Community. By clicking "Continue", you will leave the Community and be taken to that site instead.