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Level 2
posted Apr 9, 2025 10:30:31 AM

Filing status

My wife's Tax rep filed her return as HOH and claimed my son (he lived with her all year). We are not separated, I am just temporarily away. Can I file as MFS?

0 2 404
2 Replies
Expert Alumni
Apr 9, 2025 10:34:40 AM

Yes, that is your only option if she doesn't file jointly with you. The key is whether she was allowed to do that and you can review the rules below.

If it turns out she wasn't allowed to file that way she can always amend her return to add you and file jointly.

Level 2
Apr 9, 2025 10:37:16 AM

Thank you for your response, She meets all the requirements except # 1 (we are still married).