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merxx14
New Member

I am married but have been separated for the last 4 years can I file single since I need his social to file married but separate and he is not willing to give me his social

 
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bluedeb
Level 15

I am married but have been separated for the last 4 years can I file single since I need his social to file married but separate and he is not willing to give me his social

If you are still legally married or do not have a legal separation for your State, you cannot file Single.  You can file as Married Filing Separate or Head of Household if you qualify.

 

If you have old tax returns his SSN would be on that.  If you still cannot get it, you would have to mail in your tax return.

 

Can a married person claim Head of Household filing status?

Even if you were legally married as of December 31, you are considered unmarried (and therefore eligible for Head of Household) if all 5 of these conditions apply:

 

  1. You won't be filing jointly with your spouse
  2. Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count)
  3. Your home was your child's, stepchild's, or foster child's main home for more than half the year (non-child dependents in your home don't qualify)
  4. You paid more than half the costs of keeping up your home during the tax year
  5. You meet the qualifications to claim the child as your dependent, even if the other (noncustodial) parent is actually claiming the child as a dependent on their return

You can also be considered unmarried for Head of Household if your spouse was a nonresident alien at any time during the tax year and you're not treating them as a resident alien.

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3 Replies
bluedeb
Level 15

I am married but have been separated for the last 4 years can I file single since I need his social to file married but separate and he is not willing to give me his social

If you are still legally married or do not have a legal separation for your State, you cannot file Single.  You can file as Married Filing Separate or Head of Household if you qualify.

 

If you have old tax returns his SSN would be on that.  If you still cannot get it, you would have to mail in your tax return.

 

Can a married person claim Head of Household filing status?

Even if you were legally married as of December 31, you are considered unmarried (and therefore eligible for Head of Household) if all 5 of these conditions apply:

 

  1. You won't be filing jointly with your spouse
  2. Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count)
  3. Your home was your child's, stepchild's, or foster child's main home for more than half the year (non-child dependents in your home don't qualify)
  4. You paid more than half the costs of keeping up your home during the tax year
  5. You meet the qualifications to claim the child as your dependent, even if the other (noncustodial) parent is actually claiming the child as a dependent on their return

You can also be considered unmarried for Head of Household if your spouse was a nonresident alien at any time during the tax year and you're not treating them as a resident alien.

View solution in original post

Anonymous
Not applicable

I am married but have been separated for the last 4 years can I file single since I need his social to file married but separate and he is not willing to give me his social

no you can't.  you need a child to file as Head of household - his info isn't required or get a divorce - his info isn't requied.  otherwise your only option is married filing separate. 

Anonymous
Not applicable

I am married but have been separated for the last 4 years can I file single since I need his social to file married but separate and he is not willing to give me his social

 
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