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Asmith4606
Returning Member

Married living in different states with child dependents

I got remarried in 2020.  I have two children from a previous marriage and I had previously filed as Head of Household (2019).  My new spouse also has 2 children.  We both are custodial parents and claim our children on taxes.  I reside in Indiana and his legal residence was in Michigan for all of 2020.   Additionally, he has been unemployed for most of 2020 and has not yet received any unemployment income.   I'm wondering if it would be best for us to file Married but Separate because we both have children that live with us and we lived in different states for the tax year?  What would be the benefit of filing jointly?

2 Replies
Critter
Level 15

Married living in different states with child dependents

If you a married the ONLY way either of you can file HOH is if you NEVER lived together at anytime the last 6 months of the year ... so if you never spent so much as ONE night in the other's home from July 1 to the end of the year you would both qualify for HOH. Otherwise you should file jointly.  

 

 

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

Asmith4606
Returning Member

Married living in different states with child dependents

I understand that neither of us could file HOH now, however, based on our living situation is it best to file Married, Separately?

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