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posted May 31, 2019 7:24:43 PM

Do I need to claim married if my partner was on my healthcare marketplace account? I was advised to claim married last year for this reason.

I don't want to claim married, as we are not married.  We are common law, I guess.  What are my options?

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Expert Alumni
May 31, 2019 7:24:44 PM

I agree with your hesitation.

You cannot claim you are married if you are not recognized as married. Common law marriage is determined by your state, and filing joint common law returns is also pretty uncommon. This issue needs to be settled first and foremost. How much research and advice did you get on the common law question? Who advised you? Did the person research it, or just blurt it out? What state are you in?

Although common law joint filing is pretty uncommon, I do want to emphasize that it is possible that you are married.

You can share a policy with someone who is not on your taxes- having to do that is actually pretty common.

  1. Enter the 1095-A exactly as it appears and press continue
  2. On the page "Do any of these situations apply?", check the box "Shared this policy with another taxpayer who is not on my taxes."
  3. Fill out information about your partner on the next screen. Most likely, your percentages would be 50%

That's how you split a policy with someone who isn't on your return. On that note, keep in mind that even married people aren't required to file returns together.

1 Replies
Expert Alumni
May 31, 2019 7:24:44 PM

I agree with your hesitation.

You cannot claim you are married if you are not recognized as married. Common law marriage is determined by your state, and filing joint common law returns is also pretty uncommon. This issue needs to be settled first and foremost. How much research and advice did you get on the common law question? Who advised you? Did the person research it, or just blurt it out? What state are you in?

Although common law joint filing is pretty uncommon, I do want to emphasize that it is possible that you are married.

You can share a policy with someone who is not on your taxes- having to do that is actually pretty common.

  1. Enter the 1095-A exactly as it appears and press continue
  2. On the page "Do any of these situations apply?", check the box "Shared this policy with another taxpayer who is not on my taxes."
  3. Fill out information about your partner on the next screen. Most likely, your percentages would be 50%

That's how you split a policy with someone who isn't on your return. On that note, keep in mind that even married people aren't required to file returns together.