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joey15151
New Member

Im not 100% sure what I need to be filling as? Im married but we separated last June 2016.

 
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Accepted Solutions
MichaelMc
New Member

Im not 100% sure what I need to be filling as? Im married but we separated last June 2016.

You said that you were separated in June, so I assume the divorce was not final before the end of the year. In that case, for tax purposes, you are still married. While it is still possible to file a Married Filing Jointly tax return (if both parties agree), most people in your situation will find themselves filing as Married Filing Separately. 

You did not mention whether there are any children or other dependents in the family. If there are, you may qualify for the more favorable Head of Household filing status. There are several requirements that govern the use of that status. I have included the necessary information below.

Head of Household

You may be able to file as head of household if you meet all the following requirements. 

  1. You are unmarried or considered unmarried on the last day of the year.
  2. You paid more than half the cost of keeping up a home for the year.
  3. A qualifying person lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the qualifying person is your dependent parent, he or she doesn't have to live with you.

Considered Unmarried

To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests:

  1. You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status. 
  2. You paid more than half the cost of keeping up your home for the tax year. 
  3. Your spouse didn't live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances.
  4. Your home was the main home of your child, stepchild, or foster child for more than half the year.
  5. You must be able to claim an exemption for the child. However, you meet this test if you can't claim the exemption only because the noncustodial parent can claim the child using the rules described in "Children of divorced or separated parents (or parents who live apart" or in "Support Test for Children of Divorced or Separated Parents (or Parents Who Live Apart) in IRS Pub. 501 Exemptions, Standard Deduction, and Filing Information.

 

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1 Reply
MichaelMc
New Member

Im not 100% sure what I need to be filling as? Im married but we separated last June 2016.

You said that you were separated in June, so I assume the divorce was not final before the end of the year. In that case, for tax purposes, you are still married. While it is still possible to file a Married Filing Jointly tax return (if both parties agree), most people in your situation will find themselves filing as Married Filing Separately. 

You did not mention whether there are any children or other dependents in the family. If there are, you may qualify for the more favorable Head of Household filing status. There are several requirements that govern the use of that status. I have included the necessary information below.

Head of Household

You may be able to file as head of household if you meet all the following requirements. 

  1. You are unmarried or considered unmarried on the last day of the year.
  2. You paid more than half the cost of keeping up a home for the year.
  3. A qualifying person lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the qualifying person is your dependent parent, he or she doesn't have to live with you.

Considered Unmarried

To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests:

  1. You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status. 
  2. You paid more than half the cost of keeping up your home for the tax year. 
  3. Your spouse didn't live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances.
  4. Your home was the main home of your child, stepchild, or foster child for more than half the year.
  5. You must be able to claim an exemption for the child. However, you meet this test if you can't claim the exemption only because the noncustodial parent can claim the child using the rules described in "Children of divorced or separated parents (or parents who live apart" or in "Support Test for Children of Divorced or Separated Parents (or Parents Who Live Apart) in IRS Pub. 501 Exemptions, Standard Deduction, and Filing Information.

 

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