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virgilio201
New Member

Married and both claimed head of house hold. We lived separately.

 
2 Replies
SweetieJean
Level 15

Married and both claimed head of house hold. We lived separately.

Did you each have a qualifying dependent living with you?
MichaelDC
New Member

Married and both claimed head of house hold. We lived separately.

Yes.If you were still legally married as of December 31, you are both considered unmarried (and therefore eligible for Head of Household) if all 5 of these conditions apply:

  1. You won't be filing jointly with your spouse; and
  2. Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count); and
  3. Your home was your child's, stepchild's, or foster child's main home for more than half the year; and
  4. You paid more than half the costs of keeping up your home during the tax year; and
  5. You meet the qualifications to claim the child as your dependent, even if the other (noncustodial) parent is actually claiming the child as a dependent on their return.  

You can also be "considered unmarried" for Head of Household if your spouse was a nonresident alien at any time during the tax year and you're not treating them as a resident alien.

Married filers who are "considered unmarried" cannot file with Head of Household status if their dependent is somebody other than a child, for example a parent.

Also, if one spouse doesn't qualify to be "considered unmarried", their only filing status option is Married Filing Separately.


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