Legally separated va

[xoracheljo]

I have been living separately from my (Legal) husband since June 30th, 2016 which means for more than half the year I have had my own household. There is no official "decree" in VA we are strictly married because we have to wait out the one year period. Can we file legally separted?

[MiriamF · Accepted solution]

Unlike other states, Virginia does not provide for a status of legal separation. Because legal separation is established by court order, this means that under IRS rules you are not legally separated. Unless you have dependent children or parents that allow you to file as head of household, you must file married filing separately.

For more information about separated couples, see https://turbotax.intuit.com/tax-tools/tax-tips/Family/Tax-Tips-for-Separated-Couples/INF22372.html.

[xoracheljo]

Next question if we file married filing separately and we both have a separate dependent to claim can we both file head of household?

[MiriamF]

Yes, since you lived apart for more than six months of the year.

[MiriamF]

Note that you must be able to claim that you each paid more than half the cost of the respective dependent's living expenses.