Can I file single instead of of married separately due to my (now ex) husband being on SS disability?

[astjean17]

I recently got divorced (wasn't finalized until Jan. 2017), but wanted to see if I could file single. My ex-husband is on Social Security disability and his parents claim him on their taxes. I'm losing out on certain tax breaks because I have to file married filing separately. Is it possible for me to file Single or do I have to bite the bullet one more year and file married separately?

[TomD8 · Accepted solution]

You have to bite the bullet one more year. The filing status you use on your 2016 return is based on your marital status as of 12/31/2016.  If you were still legally married as of that date, you have to file MFJ or MFS.  The fact that he's on disability is irrelevant.

If you and your ex-husband did not live together at any time during the last 6 months of 2016, and if you're paying more than half the cost of providing a home for yourself and a dependent child, you could file HOH.

But you won't be able to file Single until next year, when you do your 2017 return (unless you remarry during the year).

[astjean17]

Thanks Tom. That is what I figured, no kids so I can't do HOH.