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missy414
New Member

Husband and I separated in july

My husband move out I my home in June after finding out there was infidelity before our wedding and after. I have not filed for legal separation due to the cost and not having any extra money. How do u procede with filing my taxes? Do u have to include him even though he provided me nothing since the end of may?
7 Replies
DDollar
Level 4

Husband and I separated in july

Since you were married on December 31, you have to either file as married filing jointly (MFJ) or married filing separate (MFS). 

You can choose married filing separately as your filing status if you are married. This filing status may benefit you if you want to be responsible only for your own tax or if it results in less tax than filing a joint return.

If you and your spouse don't agree to file a joint return, you must use this filing status unless you qualify for head of household status, discussed later.

You can choose married filing jointly as your filing status if you are considered married and both you and your spouse agree to file a joint return. On a joint return, you and your spouse report your combined income and deduct your combined allowable expenses. You can file a joint return even if one of you had no income or deductions.

If you and your spouse decide to file a joint return, your tax may be lower than your combined tax for the other filing statuses. Also, your standard deduction (if you don't itemize deductions) may be higher, and you may qualify for tax benefits that don't apply to other filing.

You may qualify to file as Head of Household. To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests.

  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. See Temporary absences

  4. Your home was the main home of your child, stepchild, or foster child for more than half the year. (See Home of qualifying person ..., for rules applying to a child's birth, death, or temporary absence during the year.)

  5. You must be able to claim an exemption for the child. However, you meet this test if you can't claim the exemption only because the noncustodial parent can claim the child using the rules described in Children of divorced or separa... under Qualifying Child or in Support Test for Children of D... under Qualifying Relative. The general rules for claiming an exemption for a dependent are explained later under Exemptions for Dependents ....






missy414
New Member

Husband and I separated in july

How do I know if I qualify for head of household in this situation?
DDollar
Level 4

Husband and I separated in july

Do you have any children living with you?
missy414
New Member

Husband and I separated in july

I have 2 children living with me. They are not my soon to be ex-husband's children. Theybare from a previous relationship.
DDollar
Level 4

Husband and I separated in july

I have added info on qualifications for filing as Head of Household to the answer
missy414
New Member

Husband and I separated in july

Thank you!
DDollar
Level 4

Husband and I separated in july

Your welcome.  I hope you found the information helpful!
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