My estranged husband is trying to get a larger stimulus for himself by filing "married" on his taxes. How will this affect my tax filing as "head of household"?

[spicyalien78]

We have not shared a life in almost a decade and we don't live in the same state. He hasn't been regularly filing his taxes over the years and I'm worried about my ssn being on his filing as well. Can I prevent him from using my ssn on his filing and have him file "single" like he's supposed to?

[xmasbaby0]

No.   You cannot control what he does.   But if he filed a tax return using your SSN on it and your return gets rejected when you e-file, you have to print, sign and mail your own tax return.   File your own tax return correctly and honestly.   The IRS will process your return and in about a year they will send letters to sort out why you were shown on a return by your spouse and on a return of your own.   He will have some explaining to do and will face the consequences of filing a fraudulent return---if in fact he did that.  (And...by the way...if you are still legally married he is not supposed to file as Single---he is supposed to file as married filing separately).

[spicyalien78]

Thank you for your response. While the ethics of the situation are not cool, I do understand that what's legal is all that matters in this. I e-filed in early March and mine was accepted right away. He filed on the last day (May 17) and got rejected. If he is supposed to be filing married but separately, then it seems I should have too? But, I've been instructed year after year to file as head of household.  The Turbo tax assistant I talked to today said that it would make more sense for my "husband" to be filing single because he's not taking care of a wife or family in any way and hasn't for many, many years. He is and has been living single for all intents and purposes financially and otherwise for nearly a decade (divorce in progress). While I understand why he's suddenly filing his taxes this year and claiming "married" THIS time, my main concern is that his tax problems, whatever they may end up being, will splash on to me as well simply because we're married even though I have no clue about his life or financial situation and not been a part of his life.

I was honest in my filing. I have audit representation and identity protection through Turbo tax, so I hope that helps if his greed causes everything to go pear-shaped. I guess I'll have to wait and see... 

[VolvoGirl]

Are you still legally married?  You can file Head of Household if you qualify.  He will have to file Married filing Separate or Head of Household if he also qualifies.  If he filed MFS he should not be rejected.  Do you think he tried to file Married Joint?  Or did he try to claim the same dependent on his return?