How should i have my filing status with soon to be xwife? been separated since feb 2019. 4 children included which i had with me until september til she took them

[DavidD66]

The IRS considers you married for the entire tax year unless you have a separation maintenance decree by the final day of the year. If you are married by IRS standards,

•  You can only choose "married filing jointly" or "married filing separately" status.
• You cannot file as "single" or "head of household."

Since the IRS honors the divorce laws of the states, where you live affects your options as well. In Texas, for example, you remain married from a tax perspective until your divorce is final, even though you're legally separated.