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If you are legally married as of 12/31/2025 and lived together at any time during the last six months of the year, you cannot have Head of Household filing status.
You can only for your tax return as either Married Filing Jointly or Married Filing Separately.
You don't change to Head of Household (HOH) just because your spouse is not filing.
You can file HOH only if you are considered unmarried for tax purposes and meet the HOH requirements:
If any of the above are missing, you may not file as HOH.
And.....why is your spouse "not filing?" Is your spouse on Social Security and do they have the incorrect notion that they do not have to file a tax return? Or...do they have "under the table" income they do not want to report to the IRS? Please explain why your spouse does not plan to file a tax return.
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