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tiaoakley
New Member

My estranged husband makes significantly more money than me and is refusing to supply his W2. The house and kids are mine alone. Should I file separately?

 
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Accepted Solutions
LisaBr
New Member

My estranged husband makes significantly more money than me and is refusing to supply his W2. The house and kids are mine alone. Should I file separately?

Filing Married filing separately is the least favorable tax filing status.  It is at the highest tax rate and you will lose out on certain credits.  (See this link for more information:  https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...)

Even if you were legally married as of December 31, you are 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 (non-child dependents in your home don't qualify); 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.

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3 Replies

My estranged husband makes significantly more money than me and is refusing to supply his W2. The house and kids are mine alone. Should I file separately?

Did you live apart from your spouse for at least the last six months of 2017?
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
tiaoakley
New Member

My estranged husband makes significantly more money than me and is refusing to supply his W2. The house and kids are mine alone. Should I file separately?

No, he refuses to leave the house. In process of "divorce from bed and board"
LisaBr
New Member

My estranged husband makes significantly more money than me and is refusing to supply his W2. The house and kids are mine alone. Should I file separately?

Filing Married filing separately is the least favorable tax filing status.  It is at the highest tax rate and you will lose out on certain credits.  (See this link for more information:  https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...)

Even if you were legally married as of December 31, you are 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 (non-child dependents in your home don't qualify); 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.
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