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Should I file Married filing separately if I have never lived with my new husband?

Hello. I got married May 10th of 2025, I have never lived with my husband we are trying to save up to buy a house. We do not rent together or anything we both live with family members. I live with my mom and pay for most of the household. I have 4 older children from a previous relationship they are not old enough to file their own taxes yet but I am wondering if I should be filing separately from my husband because I have 4 dependents and we have not lived together? I am just trying to figure out what I get the most deductions from. I am a student, I receive survivor benefits from my children's dad he passed away 3 years ago and I work my own full time job. This is for next years return, I am just looked ahead to see if anyone has any advice. Thank you! 

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8 Replies

Should I file Married filing separately if I have never lived with my new husband?

Filing jointly is almost always the best filing status. 

Should I file Married filing separately if I have never lived with my new husband?

How did you file 2024?   Unless you qualify as Head of Household Joint is usually better.

 

Joint is almost always better.  Here's some things to consider about filing separately……

 

In the first place you each have to file a separate return, so that's two returns.  And if you are using the Online version that means using 2 accounts and paying the fees twice.  The Desktop CD/Download program would be better to use.

 

Many people think they come out better when filing Married Filing Separate but they are probably doing it wrong.  If one person itemizes deductions on Schedule A then the other one must itemize too, even if it's less than the standard deduction, even if it is ZERO!  And if you are in a Community Property state it can be complicated to figure out.

 

And there are several credits you can't take when filing separately, like the

EITC Earned Income Tax Credit

Child Care Credit

Educational Deductions and Credits

Should I file Married filing separately if I have never lived with my new husband?

I filed head of household in 2024 because we were not married yet

Should I file Married filing separately if I have never lived with my new husband?

@Newlifestarts120608 since you marital status will be married on 12/31/25, your only option is to file Married - Filing Joint or Married - FIling Separate.

 

These filing statuses do not indicate whether the married couple is living under the same roof or not.  It's a matter if each wants to be liable for the others' tax obligations.

 

96% of married couples file joint.  So in most all cases, it will be more beneficial for the two of you to file joint as the tax liability will be lower.   Congress only passes tax laws that protect the sanctity of marriage.  In other words, they incent filing Joint.  

 

To me that last 4% are situations were there is a lack of trust and one doesn't trust the tax liabilties of the other; that would include those heading for divorce.  

 

If you post your income and your spouse's income plus the ages of your children, I will show you what I mean.

 

if those survivor benefits are in the name of your children and use your children's SSN on the tax reporting from Social Security, it is NOT reported on your tax return.  If the children have no other source of income, there is no tax and no reporting requirements for the survivorship benefits.  DId you report that income on prior year tax returns? if so, why? 

 

if you file Separate, you lose any tax credits you might otherwise be eligible for.  AOTC and LLC tax credits are not permitted when filing SEPARATE.  How much is the tuition? are there any scholarships that reduce the obligation to pay the tuition?   

Should I file Married filing separately if I have never lived with my new husband?

@NCperson  She might still qualify as Head of Household if they lived apart the last 6 months of the year.  

 

Can a married person file Head of Household?

https://ttlc.intuit.com/community/married/help/can-a-married-person-claim-head-of-household-filing-s...

 

Here's a FAQ for Head of Household

https://ttlc.intuit.com/community/family/help/do-i-qualify-for-head-of-household/00/25539

Should I file Married filing separately if I have never lived with my new husband?

@VolvoGirl  I see your point; however, there is also the requirement that she provide for more than 50% of the household expenses.  She states she is living with family members to save money, so I find that possible but unlikely.  

 

When married, in order to file HOH, these requirements must be met:

 

1) file separate from spouse

2) pay more than half the household expenses.

3) live apart from the spouse for the last 6 months of the year.

4) she claims the children (or at least one of them in this case)

5) her home is the main home for the claimed children for more than half the year. 

Should I file Married filing separately if I have never lived with my new husband?

I considered that first.  But she said she paid for most of it and in her second post she filed 2024 as Head of Household.   

Should I file Married filing separately if I have never lived with my new husband?

@VolvoGirl I see your point.  I would still like to see her income, spouse's income and ages of the 4 children.

 

I still bet Joint is a better option than HOH (OP) and MFS (spouse). 

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