Sign Up

Why sign in to the Community?

  • Submit a question
  • Check your notifications
or and start working on your taxes
cancel
Showing results for 
Search instead for 
Did you mean: 
cheri-emery
New Member

How do I file married but legally separated

 
1 Best answer

Accepted Solutions
Vanessa
Level 3

How do I file married but legally separated

If you are legally separated you can either file as Married Filing Separately or if you qualify you can file as Head of Household which will result in a higher Standard Deduction.  In order to qualify as Head of Household, all of the following must apply:

  1. "You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.

  2. You paid more than half the cost of keeping up your home for the tax year.

  3. Your spouse didn't live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. 

  4. Your home was the main home of your child, stepchild, or foster child for more than half the year. 

  5. You must be able to claim an exemption for the child." (exceptions may apply for children of divorce)


To choose either of these, you will simply need to enter all of your information into TurboTax (including any dependents if you have them and will be claiming them) and walk through the beginning "My Info" section.  You will be able to choose your filing status in the interview process and then after you answer a few more questions TurboTax will recommend your best filing status if there is a reason the one you chose is not the best.  See attached screenshot

For Married Filing Separately, the IRS DOES require you to enter your spouses' Name and Social Security number.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

View solution in original post

1 Reply
Vanessa
Level 3

How do I file married but legally separated

If you are legally separated you can either file as Married Filing Separately or if you qualify you can file as Head of Household which will result in a higher Standard Deduction.  In order to qualify as Head of Household, all of the following must apply:

  1. "You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.

  2. You paid more than half the cost of keeping up your home for the tax year.

  3. Your spouse didn't live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. 

  4. Your home was the main home of your child, stepchild, or foster child for more than half the year. 

  5. You must be able to claim an exemption for the child." (exceptions may apply for children of divorce)


To choose either of these, you will simply need to enter all of your information into TurboTax (including any dependents if you have them and will be claiming them) and walk through the beginning "My Info" section.  You will be able to choose your filing status in the interview process and then after you answer a few more questions TurboTax will recommend your best filing status if there is a reason the one you chose is not the best.  See attached screenshot

For Married Filing Separately, the IRS DOES require you to enter your spouses' Name and Social Security number.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
Dynamic AdsDynamic Ads
Privacy Settings
v