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posted May 31, 2019 9:18:25 PM

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??

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1 Replies
Level 15
May 31, 2019 9:18:27 PM

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.