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BRYON4X4
New Member

If I'm legally separated in california. Can I still file married with my wife that I separated from? Or are my only options single/head of household.

 
2 Replies
SweetieJean
Level 15

If I'm legally separated in california. Can I still file married with my wife that I separated from? Or are my only options single/head of household.

Your marital status is determined as of the end of the tax year. Legally separated can only file Single or HOH (if applicable).

macuser_22
Level 15

If I'm legally separated in california. Can I still file married with my wife that I separated from? Or are my only options single/head of household.

Per the IRS Pub 17:
<a rel="nofollow" target="_blank" href="https://www.irs.gov/publications/p17/ch02.html#en_US_2016_publink1000170736">https://www.irs.gov/pub...>
Quote
"Unmarried persons.   You are considered unmarried for the whole year if, on the last day of your tax year, you are either:
   1) Unmarried, or
    2) Legally separated from your spouse under a divorce or separate maintenance decree. State law governs whether you are married or legally separated under a divorce or separate maintenance decree."
Unquote

Note that a "separate maintenance decree" is not just legally separate but a court ordered decree that is almost the same a a divorce decree.  

I would suggest that you consult your attorney to determine if you meet the legal requirements in CA to claim single.
**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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