fill status help for separate couple

[wyan2008]

please help. Not legally married in the usa couple, with 2 children. we has been doing jointed marrried return for years. But since April 2024, wife decided leaving our family, and leave th children to me. She wont be back the near future. She is able to managed to get support even without working.  Any suggestions  tax filling status for us. 

Any inputs/ suggestions are appreciated. thanks  so much!!!

[Mike9241]

Were you ever married in a foreign country? the US recognizes valid marriages in a foreign country. if not see a lawyer because you have been misfiling all these years.   

if you are legally married and your spouse consents,  you can file a joint return. If she doesn't consent, since it seems you lived apart for the last half of 2024 then if you paid more than 1/2 the cost of keeping up a home for yourself and your children for 2024 you can file as head of household, otherwise married filing separately. 

[wyan2008]

thank so much. 

if I filled as head of household, how about my wife? and she only have about $600 income from stock dividend

does she need to file a tax?

sorry for more silly question,

please help

[MarilynG1]

If you were separated from your Spouse the last six months of 2024, and you have dependents living with you, you may be able to file as HOH.  Your spouse is not required to file with only $600 income. 

Here's more detailed info on Filing as Head of Household if Married and also Filing as Head of Household.

@wyan2008