Filing Status Question - Unique Situation

Jsnichols2 · ‎April 11, 2024

Hi,

State of residence: Ohio

My "wife" and I have been living apart for years, although not legally separated or divorced.

She is filing as head of household, and meets the IRS requirements including the "unmarried" part because I did not live in the household for the last 6 months of the year.

This may be a silly question, but wouldn't the IRS consider me unmarried as well by default? Therefore, shouldn't I be able to file as single?

Thanks for any help!

xmasbaby0 · ‎April 11, 2024

No. You are still legally married ---- filing as Single is not an option until/unless you obtain a divorce.

**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.**

KrisD15 · ‎April 11, 2024

No, and your "wife" is not filing single either.

She is filing Head Of Household because she independently maintains a home with qualifying dependent children.

You could do that same, but filing "Single" is not an option for either one of you.

@Jsnichols2

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Filing Status Question - Unique Situation