You'll need to sign in or create an account to connect with an expert.
Your choices for filing are married jointly or married separately. If you have a qualifying person you could file as Head of Household if otherwise qualified to do that.
There is no "legally separated" designation. You can file Married Filing Jointly or Married Filing Separately. There is one other option.
Unmarried persons.
You are unmarried for the whole year if either of the following applies.
You have obtained a final decree of divorce or separate maintenance by the last day of your tax year. You must follow your state law to determine if you are divorced or legally separated.
Exception. If you and your spouse obtain a divorce in one year for the sole purpose of filing tax returns as unmarried individuals, and at the time of divorce you intend to remarry each other and do so in the next tax year, you and your spouse must file as married individuals.
You have obtained a decree of annulment, which holds that no valid marriage ever existed. You must file amended returns (Form 1040-X, Amended U.S. Individual Income Tax Return) for all tax years affected by the annulment that aren’t closed by the statute of limitations. The statute of limitations generally doesn’t end until 3 years (including extensions) after the date you file your original return or within 2 years after the date you pay the tax. On the amended return, you will change your filing status to single or, if you meet certain requirements, head of household.
PUB 504
There is no "legally separated" filing status.
Legally separated is only recognized in a few states and required a court decree (almost the same as divorce decree) and requires separate maintenance (the same thing as alimony).
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
user17761033567
New Member
c2forray
New Member
kiwi_jonnyboy
New Member
erichardson309
New Member
jackie
New Member