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alyssa-katearo
New Member

If I was legally married for part of 2017 but have been separated for 2 years, can I file head of household or single? I’m in a committed relationship and we just had a baby

Baby is 6 months
3 Replies
hoodlaginous
New Member

If I was legally married for part of 2017 but have been separated for 2 years, can I file head of household or single? I’m in a committed relationship and we just had a baby

You have to meet certain qualifications to be considered head of household. You have to pay more than half the household expenses and be unmarried, also you must have a child (which you do).
xmasbaby0
Level 15

If I was legally married for part of 2017 but have been separated for 2 years, can I file head of household or single? I’m in a committed relationship and we just had a baby

If you were legally married at the end of 2017 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will each receive the $4050 personal exemption, plus the married filing jointly standard deduction of $12,700 (add $1250 for each spouse over the age of 65).  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable.  In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI) If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states


**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
xmasbaby0
Level 15

If I was legally married for part of 2017 but have been separated for 2 years, can I file head of household or single? I’m in a committed relationship and we just had a baby

If you lived apart from your legal spouse for at least the last 6 months of 2017 and you have a dependent child that you are claiming, then you could possibly file as Head of Household.
Am I Head of Household?
<a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/1894553-do-i-qualify-for-head-of-household">https://ttlc.intuit.co...>
<a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/2900097-what-is-a-qualifying-person-for-head-of-household">https:/...>

If you qualify as Head of Household, when you enter your filing status (single or married filing separately) into Personal Info, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
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