turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Announcements
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

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.

 
Connect with an expert
x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

2 Replies

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).

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.**
message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question
Manage cookies