Can I file Single status

Forum|Forum|7 years ago
June 1, 2019
1 reply
16 views

I was separated from my wife for many years (she was MIA), and have filed "Married filing Separate" for the past 5-6 years. She passed away In may of 2016. Can I file my return as single?

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Best answer by ChristinaS

You would file Married Filing Separately in the year of your spouse's death, unless you qualify as Head of Household or Married Filing Jointly (presumably these are not options). Per IRS Publication 501, "If your spouse died during the year, you are considered married for the whole year for filing status purposes."

In 2016, the rules dictating your permitted filing status are essentially unchanged from prior years.

https://www.irs.gov/publications/p501/ar02.html#en_US_2016_publink1000220736

You can also work through the handy tool below to verify this response.

https://www.irs.gov/uac/what-is-my-filing-status

ChristinaSAnswer

Level 10

In 2016, the rules dictating your permitted filing status are essentially unchanged from prior years.

https://www.irs.gov/publications/p501/ar02.html#en_US_2016_publink1000220736

You can also work through the handy tool below to verify this response.

https://www.irs.gov/uac/what-is-my-filing-status

Carl

Level 11

I'm curious though, because it looks like ChristinaS is making the same assumption I am. When you say your wife was "MIA" the last five years, just exactly what do you mean? Did she abandon the marriage and run away, and you could never find her? Was she military that served overseas and became MIA? Also, do you have any children that are your legal dependents?
Christina's answer most likely applies to your situation. But I'd like to be sure.