My husband and I are recently separated. Not divorced. We live in different states. We have 3 minor children that all live with me. What should my new filing status be?

[xmasbaby0]

If you were legally married at the end of 2024 your filing choices are married filing jointly or married filing separately.     Or...maybe----if you have lived apart for at least the last six months of 2024 and you have physical custody of the children----you may be able to file as Head of Household.

Am I Head of Household?

https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-filing-status/qualify-head-household...

• 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.

https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/married-person-claim-head-house...

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 $29,200 (+ $1550 for each spouse 65 or older)  for 2024. 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://turbotax.intuit.com/tax-tips/marriage/should-you-and-your-spouse-file-taxes-jointly-or-separ...

https://ttlc.intuit.com/turbotax-support/en-us/help-article/income/getting-married-mean-taxes/L2Rgma...

https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/married-filing-separately-commu...

[wslade2021]

It looks like I qualify for Head of Household based on the qualifications. However, if I change my filing status for this year to HOH would I still be able to change my status back to Married filing jointly next year? 

[xmasbaby0]

If you change your filing status it is better to use a new account with a new user ID.   If you use the same account that has been used for joint returns, it will give you errors and drive you nuts.

But .....each year is separate.    If your circumstances change for next year you can file a joint return for 2025.

[wslade2021]

 Ok, but the IRS does allow me to change from HOH back to married jointly without the IRS flagging or auditing my account? I just don’t want to pose any red flags. 

[xmasbaby0]

Yes, you are allowed to change your filing status.