Why sign in to the Community?

  • Submit a question
  • Check your notifications
Sign in to the Community or Sign in to TurboTax and start working on your taxes
New Member
posted Mar 27, 2021 11:49:53 AM

If you are legally married but have not lived together for over 10 years. Can you file as a single (unmarried for IRS)?

0 3 750
3 Replies
Level 15
Mar 27, 2021 12:00:20 PM

No.   You must have a divorce decree or a legal separation decree with spousal maintenance to file single.   (legal separation is only available in a few states and is almost the same as divorce so is rarely used.)

Level 1
Mar 27, 2021 12:07:44 PM

No, you cannot use filing status Singe, however If you are legally married, you can still be considered unmarried in the eyes of the IRS if you didn't live with your spouse for the last half of the year. You can file as head of household, if you have qualified  dependent and other requirements are met. 

 

Divorced or Separated Individuals

Level 15
Mar 27, 2021 12:09:28 PM

no you can't file as single.  until divorce, entry of separate maintenance agreement, or death of spouse, the IRS considers you married. so the choice is either a joint return or married filing separate return