I have been separated from my husband for over 2 years now and have a divorce on process can I file as legally separated?my w2 said married .we don’t leave in the state

[mjuste2424]

We don’t even leave in the same state

[KatherineC]

Yes, you can file as legally separated if you are asking if you can file as Married filing separately.   (Please look below for information that would allow you to file as Head of Household)

Your W-2 withholdings are calculated by the W-4 you submitted, and only impact how much tax is withheld from your income not how you file your return.

If you have children that live with you, since you have lived apart for more than the last 6 months of 2017, you can file as Head of Household.  You would need to meet the conditions that are listed in the following information.

https://ttlc.intuit.com/replies/4206137

[macuser_22]

If you are asking if you can file as "Single" because you are legally separated, then that depends 1) if legal separation is recognized in your state, and 2) if it is then you must have a court issued separation decree with separate maintenance (similar to a divorce decree with alimony).