Can I claim "head of household" if I'm still legally married, but separated & haven't lived together lived for 7 mths?

[tiffchavis]

Meaning claim "head of household" versus "married filing separately" ??

[jerry2000]

If you were legally married as of 12/31/2012, your choices are Married Filing Jointly, if your spouse agrees,  or Married Filing Separately, unless you meet the qualifications to be "considered unmarried", in which case you could file as Head of Household. The requirements are:

Considered Unmarried

To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests

1. You file a separate return

2. You paid more than half the cost of keeping up your home for the tax year.

3. Your spouse did not live in your home during the last 6 months of the tax year. Your

spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances.

4. Your home was the main home of your child, stepchild, or foster child for more than half the year.

5. You must be able to claim an exemption for the child. (There are some exceptions to this rule, see IRS Pub 17, Chapter 2 and 3) You can find Pub 17 at this link

http://www.irs.gov/pub/irs-pdf/p17.pdf

[tiffchavis]

Ok thank you so much.  Based on the above guidelines, I would qualify for "head of household" then:)

[pn]

The "Considered Unmarried" rule 4 mentions children. I'm married, (not legally) separated but don't have children. Can I still file for head of household? I'm finding it difficult to do MFS because I don't know spouse's income.

[jaycrealty1]

Can I file Head of Household if my spouse do not work and I support him??

[lcunningham]

Can I file head of household if i am married but sep[arated from my spouse for at least 7 months?

[jerry2000]

Read the answer above.

[lambertclifton]

can i file as head of household

[dumpinto]

P17 say also that you can be "considered unmarried" for HoH purposes if you have a Nonresident alien spouse and meet all the tests..this is my case, the problem is that there is not "Considered Unmarried" option in the software and so to choose HoH i have to select married which will alt everything when on review it will ask for my spouse Social Security Number...in my previously years my accountant was able to file my taxes without the need to have my wife information...how i can solve this?

[jerry2000]

I'm not sure how you would do it in the Online version since you can't override and you can't directly access forms.

[dumpinto]

what you will suggest to do? use the desktop version and mail my return?

[RennaeMac]

The only choices are single, head of household, married, married filing separately, or qualified widower. If you are "considered unmarried" then you file either single or head of household. But since the "considered married" designation is only brought up when you check HOH eligibility, then you choose HOH.