If filing married but separate (notarized, court filed separation agreement), yet living at the same address, will he be able to claim help with Affordable Care Act?

[TaxGuyBill · Accepted solution]

Are you asking about the Premium Tax Credit ("subsidy") for purchasing health insurance through the Healthcare Marketplace?

If so, no.  Except for extreme cases of spousal abuse or abandonment, filing as "Married Filing Separately" will disqualify the Premium Tax Credit.

[DoninGA]

How about if she filed as Single if they are legally separated according to the laws of their state?  Would that rule still apply?

[SweetieJean]

<a rel="nofollow" target="_blank" href="https://www.healthcare.gov/income-and-household-information/household-size/">https://www.healthcare....>

[TaxGuyBill]

Good point Don, I missed that.

If you are "Legally separated from your spouse under a divorce or separate maintenance decree", you would qualify to file as "Single".  If that is the case, yes, the Premium Tax Credit would be available, if you meet the other requirements.
<a rel="nofollow" target="_blank" href="https://www.irs.gov/publications/p501#en_US_2016_publink1000220722">https://www.irs.gov/publications...>

[bunty1]

Thank you Both.  Very Helpful !!

[macuser_22]

"Legally separated from your spouse under a divorce or separate maintenance decree" is almost the same as divorce with alimony payments, only it is called separate maintenance, it must be a court decree and not all states have that.

[bunty1]

Thanks, that was the line that had been tripping me up. Because even though this is filled with the courts, it wasn't something the court actually had a real hand in. I was going to call the court tomorrow, probably still will but I think you gave me the answer.