Married filing Separate or Single?

[JustPeachy22]

I live in Georgia and have been separated since July 2019 (living together but living separate lives since way before then). Going through a rough divorce. I'm wondering how I should file - married filing separate or single/head of household? Despite being married and living together in 2019, I provided my own things and necessities that our kids needed. The IRS said that since we have been separated and already have divorce in motion, that I could claim both of our kids. I'm paying childcare and not receiving any type of monetary support from him at all, and I am also the legal primary custodial parent.

[DoninGA]

If you were legally married as of 12/31/2019 and living together at any time during the last six months of the year then you can only file your 2019 tax return as either Married Filing Jointly or Married Filing Separately.  There is NO other way to file your tax return.

You should try and agree to file jointly since you have children.  See this TurboTax support FAQ for filing jointly versus separately - https://ttlc.intuit.com/community/married/help/is-it-better-for-a-married-couple-to-file-jointly-or-...

[JustPeachy22]

I called the IRS and they said that since we have separation papers and I am legally the primary custodial parent that I can claim both kids and file separately,  but didn't specify whether or not I have to file married or single.

[DoninGA]

You can file as Married Filing Separately and claim the children as your dependents.  You cannot file as Single.

[abroni39]

Divorced Jan2019 but ex lives in my house and I take care of him, how do I file?

[AmyC · Accepted solution]

Divorced is very different than separated and living together. Married means you file MFJ or MFS when you are living together. Once you are divorced, you are either single or head of household.

@abroni39 If you are truly taking care of your ex, you may be able to claim him as a dependent and qualify for HOH. Please use this IRS interactive link to determine what you should do.