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Both my husband and I are separated and have children. If I itemize does he have to do the same?

My husband and I are separated and not living together and each have children. If I itemize does he have to do the same?
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5 Replies

Both my husband and I are separated and have children. If I itemize does he have to do the same?

If you are filing as Married Filing Separately then you both either must itemize deductions or both use the Standard Deduction.

Both my husband and I are separated and have children. If I itemize does he have to do the same?

That depends.   If you have lived apart for at least the last six months of 2024, and you have the children, you can file as Head of Household.   If you file as HOH you do not have to worry about whether he itemized or used standard deduction.

Am I Head of Household?

 

https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-filing-status/qualify-head-household...

 

If you qualify as Head of Household, when you enter your marital status (single or married filing separately) into MyInfo, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.

 

 

 

https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/married-person-claim-head-house...

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

Both my husband and I are separated and have children. If I itemize does he have to do the same?

Yes you both have to file the same way.   Even if he has less than the Standard Deduction.   Even if it’s zero.   What state are you in?  

If one person itemizes deductions on Schedule A then the other one must itemize too, even if it's less than the standard deduction, even if it is ZERO!  And if you are in a Community Property state it can be complicated to figure out.

 

And there are several credits you can't take when filing separately, like the

EITC Earned Income Tax Credit

Child Care Credit

Educational Deductions and Credits

 

And contributions to IRA and ROTH IRA are limited when you file MFS.

Both my husband and I are separated and have children. If I itemize does he have to do the same?

I am in CA.  We are not living together and as mentioned have children and both qualify for head of  household.  If we both qualify for head of household and one itemizes does the other have to do the same? 

KeshaH
Expert Alumni

Both my husband and I are separated and have children. If I itemize does he have to do the same?

You only have to both itemize if you both file as married filing separately. Since you are filing as head of household, one of you can itemize while the other takes the standard deduction.

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