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I recently married but have a son from a previous marriage. My husband and I will not file jointly. Can I still file as head of household?

 
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bwa
Alumni
Alumni

I recently married but have a son from a previous marriage. My husband and I will not file jointly. Can I still file as head of household?

Sorry, but you cannot if you lived together any time during the last six months of 2016.

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4 Replies

I recently married but have a son from a previous marriage. My husband and I will not file jointly. Can I still file as head of household?

Why aren't you filing Joint?  Joint is usually better than Separate.  You can lose several credits and deductions by filing separate.  And if one spouse itemized deductions the other spouse must also itemize even if it is less than the Standard Deduction (even if zero).  What state are you in?  Like Ohio it is better to file separately.

I recently married but have a son from a previous marriage. My husband and I will not file jointly. Can I still file as head of household?

We are in our mid 40's. My new husband has some tax debt that is taken out of his return. Until this is resolved he prefers to file separately. We are in Texas. Thank you for your response.

I recently married but have a son from a previous marriage. My husband and I will not file jointly. Can I still file as head of household?

Texas is a  Community Property State, so MFS may not help much.
bwa
Alumni
Alumni

I recently married but have a son from a previous marriage. My husband and I will not file jointly. Can I still file as head of household?

Sorry, but you cannot if you lived together any time during the last six months of 2016.

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