1095a says I have a spouse we say we are married but we really aren’t. What can we do? We file separately

[xmasbaby0]

You have had a marketplace health insurance plan  from healthcare.gov with premium tax credits from the government for a married couple but are not married?   And now need to know how to handle it on your tax returns which you must file with the filing status of Single?   Is that the issue?

[katier-2018]

Yes our 1095a from the health market is saying we are married. However we are not. We file separately also but only have one 1095. Is there a way to split it between us?

[xmasbaby0]

There may be others who have some thoughts.....but I think you have a real problem.   You essentially lied to healthcare.gov and represented yourselves as married to get the premium tax credit for health insurance based on your income as a married couple----and you are not married.    I do not want to touch how you should/could split the amounts on the 1095A.

 @Critter-3  ?   @Opus 17   ?     @DoninGA  ?

[katier-2018]

Actually no we did not lie! We are in a common law state and identify as married. Which is legal we just don’t have a marriage certificate. So I got info and we can actually file together so we don’t have a problem now. 

[xmasbaby0]

So----are you filing married filing separately?  If you are saying you are married you cannot file as Single.  If you file MFS you have to follow all the rules of filing MFS, which means if one of you itemizes, the other one also itemizes deductions or you both have to use standard deduction

STATES THAT RECOGNIZE COMMON LAW MARRIAGE

CO, DC, CO, IA, KS, MT, OK. RI, SC, TX, UT

 Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. 

Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

[katier-2018]

No we will be filling together now instead. Common law marriage is good in the state of Oklahoma so we are okay now

[Mike9241]

about the only recourse is to contact the marketplace to get a revised 1095-A.