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Level 2
posted Feb 16, 2025 11:53:00 AM

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
Level 15
Feb 16, 2025 11:56:05 AM

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

Level 15
Feb 16, 2025 11:58:16 AM

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-2021/L0NxUtVc2_US_en_US?uid=m5x19jkx

 

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-household-filing-status/L078u1RSW_US_en_US?uid=m62dkc4a

 

Level 15
Feb 16, 2025 11:58:44 AM

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.

Level 2
Feb 16, 2025 12:04:11 PM

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? 

Expert Alumni
Feb 16, 2025 3:18:30 PM

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.