Proof of living

[Tophat86]

Long story short:

I have not lived with my since spouce April 2025, although we're not divorced. She therefore filed HoH since she have the kids more than 50%, and so far I think it's all on par with guidelines. She have an apartment in her name and utilities. Here's where the twist comes in.

I do not have anything in my name, as I am an immigrant and staying with my sponsor until I can go back home. Twist number 2 is that my spouse and the children are still on that address as well, and she forgot to mention that while doing her taxes.

Is the lease and her utilities enough if they decide to audit her, or is it better to just amend as soon as the money hits ( as according to IRS instructions )?

I have tried to call IRS and ask, but I can't get through the automatic responses and actually get to talk to someone 

[MaryK4 · Accepted solution]

If you did not live together for the last six months of 2025, you do not have to amend,- she is eligible to file as Head of Household.  For Head of Household, she would be "considered unmarried" if  you lived apart during the entire last six months of the tax year and she paid the expenses of the household.  She will be able to show her apartment so the duplicate address of your sponsor does not matter if she was not actually living there.  

[Tophat86]

Thank you.

So the fact that my spouse, kids and me all are registered on the address of the sponsor does not matter because she have the apartment ( where she actually lives )and all bills in her name. Did I understand that correctly? And I then file MFS? Obviously without claiming anything. 

[MaryK4]

@Tophat86 Yes, in this particular situation, the fact that she does have the separate apartment and expenses in her name can be the proof that she maintained a separate residence.  Yes, and you will file separate without claiming the dependents (if that is what you meant).  

[Tophat86]

Thank you so much.

I'll have her double check that I'm not on the lease as a co-signer, just for peace of mind. Because I doubt that only having utility bills in her name is enough proof of separation if I co-signed to help her move out. I honestly can't remember.