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New Member
posted Apr 11, 2024 7:54:41 AM

Filing Status Question - Unique Situation

Hi,

 

State of residence: Ohio

 

My "wife" and I have been living apart for years, although not legally separated or divorced.

She is filing as head of household, and meets the IRS requirements including the "unmarried" part because I did not live in the household for the last 6 months of the year.

This may be a silly question, but wouldn't the IRS consider me unmarried as well by default? Therefore, shouldn't I be able to file as single?

 

Thanks for any help!

0 2 3110
2 Replies
Level 15
Apr 11, 2024 8:02:15 AM

No.   You are still legally married ---- filing as Single is not an option until/unless you obtain a divorce.

Expert Alumni
Apr 11, 2024 8:02:47 AM

No, and your "wife" is not filing single either. 

She is filing Head Of Household because she independently maintains a home with qualifying dependent children.

You could do that same, but filing "Single" is not an option for either one of you. 

 

@Jsnichols2