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melihay1992
New Member

I am separated but still married. I am not certain if I can file under head of household we have been separated since March of 2016 and the children have lived with me.

When going threw the program I clicked on the EIC and it changed the filing statues from Married filing separate to Head of household. Is this ok? or should I not be clicking on the EIC??
1 Reply
Texas Roger
Level 15

I am separated but still married. I am not certain if I can file under head of household we have been separated since March of 2016 and the children have lived with me.

If you and your spouse lived apart for the entire last 6 months of the year, you may qualify to file as head of household. HOH filing status allows EIC. 

Here are the overall requirements for HOH:

1. You are not married or “considered unmarried” on the last day of the year. You are considered unmarried if you lived apart from your spouse the entire last 6 months of the year.

2. If "considered unmarried" you file a separate return from your spouse.

3. You paid more than half the cost of keeping up your home  for the year.

4. You have a qualifying child (whether or not you claim the dependency exemption) or you claim a dependency exemption for a “qualifying person”  who is related to you and who lived with you in the home for more than half the year. An exception is a parent does not have to live with you to be a qualifying person.


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