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I am separated and living separate from husband, papers filed, not divorced yet, so, legally separated?

Should I put legally separated on tax form?
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3 Replies

I am separated and living separate from husband, papers filed, not divorced yet, so, legally separated?

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. 

ColeenD3
Expert Alumni

I am separated and living separate from husband, papers filed, not divorced yet, so, legally separated?

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

I am separated and living separate from husband, papers filed, not divorced yet, so, legally separated?

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).

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

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