Filing status

[Davis_24]

My wife's Tax rep filed her return as HOH and claimed my son (he lived with her all year). We are not separated, I am just temporarily away. Can I file as MFS?

[DianeW777]

Yes, that is your only option if she doesn't file jointly with you. The key is whether she was allowed to do that and you can review the rules below.

• Guide to Filing Taxes as Head of Household
• Do I qualify for Head of Household in 2024?

If it turns out she wasn't allowed to file that way she can always amend her return to add you and file jointly.

• How do I amend my federal tax return for this year?

[Davis_24]

Thank you for your response, She meets all the requirements except # 1 (we are still married).