Can I file married but separate if my husband already filed his taxes as single? I separated from him (not legally) 5/18/2018 from Vermont and moved to Florida.

[kaela]

According to TurboTax you can file single if you were unmarried on 12/31/17 and the definition for unmarried says you were living apart for the last 6 months of the tax year, is that accurate? I’m being told my husband could get in trouble for filing single and I shouldn’t do the same. 

[Marketstar · Accepted solution]

Yes, if you were legally married on December 31, 2017, you can file Married Filing Joint, Married Filing Separate, or Head of Household if you qualify.

Only if you were legally separated via court order on December 31, 2017, would you file as Single.

To file as Head of Household, you must:

• Pay for more than half of the household expenses
• Be considered unmarried for the tax year, and
• You must have a qualifying child or dependent.

See Guide To Filing Head of Household