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Not sure what legally separated means. We are separated and are filing separately

 
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LeeM
New Member

Not sure what legally separated means. We are separated and are filing separately

According to IRS Publication 17, under the Martial Status heading (linked to at the bottom of this answer) legally separated from your spouse means under a divorce or separate maintenance decree (as defined by state law, see the below). 

State law governs whether you are married or legally separated under a divorce or separate maintenance decree. Some states consider living apart from each other, even without a separation decree to be legally separated.

https://www.irs.gov/publications/p17/ch02.html

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