I filed for divorce in December, 2016 but it was not final by Dec. 31. Should I file as married still?
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emma-cox01
New Member

I filed for divorce in December, 2016 but it was not final by Dec. 31. Should I file as married still?

 
1 Reply
HelenaC
New Member

I filed for divorce in December, 2016 but it was not final by Dec. 31. Should I file as married still?

Yes, you should use the filing status as of December 31, 2016. Another filing option may be Married Filing Separately. 

However, you may be able to claim Head of Household:  If you were still 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; and
  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); and
  3. Your home was your child's, stepchild's, or foster child's main home for more than half the year; and
  4. You paid more than half the costs of keeping up your home during the tax year; and
  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.

Married filers who are "considered unmarried" cannot file with Head of Household status if their dependent is somebody other than a child, for example a parent.

 

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