No. You only check legally separated if there is a divorce decree or a separate maintenance decree.
If there are children living with you and you pay for upkeep expenses of your residence, you may be able file as Head of Household if you and your spouse lived apart for more than the last 6 months of 2016. See the following explanation of being considered unmarried for head of household filing status:
- You file a separate return. A
separate return includes a return claiming married filing separately,
single, or head of household filing status.
- You paid more
than half the cost of keeping up your home for the tax year.
- 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. See Temporary absences , later.
- Your
home was the main home of your child, stepchild, or foster child for more
than half the year. (See Home of qualifying person , later, for rules
applying to a child's birth, death, or temporary absence during the year.)
- 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 later in Children of divorced or separated parents (or parents who live
apart) under Qualifying
Child or in Support Test for Children of Divorced or Separated Parents (or
Parents Who Live Apart) under Qualifying Relative. The general rules for
claiming an exemption for a dependent are explained later under Exemptions for Dependents .
If you cannot be considered unmarried,
you will need to file as married filing separate or you will need to file a joint return.
