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Generally speaking your marital status is whatever it was at midnight on December 31st.
You can file as 'Head of Household' if you have a qualifying child, are claiming that child as a dependent AND you didn't live with your spouse for the last 6 months of the year.
Unfortunately, August doesn't quite qualify. So in your case you will file as married filing separately for 2023 and - unless you remarry - single for 2024.
If you were still legally married at the end of 2023 your filing choices are married filing jointly, married filing separately, or ----maybe----Head of Household. HOH is possible if you lived apart for the last six months of 2023 and you have the children.
Am I Head of Household?
https://ttlc.intuit.com/questions/1894553-do-i-qualify-for-head-of-household
https://ttlc.intuit.com/questions/2900097-what-is-a-qualifying-person-for-head-of-household
If you qualify as Head of Household, when you enter your marital status (single or married filing separately) into MyInfo, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.
If you file MFS, you need some of his information---especially if you are in a community property state.
If I am filing a separate return why do I have to list my spouse’s information on my return?
Even if you file separate returns (the worst way to file) you each have to list each other's SSN's and some other information on your own tax return. The IRS can then cross check to make sure you are not "double dipping" for itemized deductions, dependents, etc.
If you are in a community property state, there is more information that will be needed.
Community property states: AZ, CA, ID, LA, NV, NM, TX, WA, WI
https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states
https://turbotax.intuit.com/tax-tips/marriage/five-tax-tips-for-community-property-states/L4jG7cq7Z
And....if you file MFS, there are strict rules to follow:
Either you both use standard deduction or you both itemize deductions. It cannot be one of each.
If you were legally married at the end of 2023 your filing choices are married filing jointly or married filing separately.
Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $27,700 (+$1500 for each spouse 65 or older) You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit.
If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return.
Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states: AZ, CA, ID, LA, NV, NM, TX, WA, WI)
If you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice since with online, you get one return per fee.
https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately
https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states
Since you are still legally married as of 12/31/2023 you have to file as either Married Filing Jointly or Married Filing Separately. But if you have a child as a dependent and provided over one-half of the cost to maintain the home and have not lived with your spouse at any time in the last six months of 2023 you can file as Head of Household.
If you are going to file as Married Filing Separately you only have to enter your spouse's name and Social Security number on your tax return. But if you live in a Community Property state there is more for you to report.
See this TurboTax support FAQ for married filing separately in a community property state - https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/married-filing-separately-commu...
Generally speaking your marital status is whatever it was at midnight on December 31st.
You can file as 'Head of Household' if you have a qualifying child, are claiming that child as a dependent AND you didn't live with your spouse for the last 6 months of the year.
Unfortunately, August doesn't quite qualify. So in your case you will file as married filing separately for 2023 and - unless you remarry - single for 2024.
Thank you!
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