Can one spouse itemize their deductions and the other choose standard or should we file as not married for last year?

[Lilly-W-]

If we were married by end of year and choose to file our taxes married filing separately and we each qualify as independent head of household since we never lived together, each spouse has independent bills for last year and one spouse has a child. Must we comply to the both parties need to do standard or itemize their taxes filing?

[Hal_Al · Accepted solution]

Your situation qualifies for the exception to the rule that a married couple must file as either Married Filing separately (MFS) or Married Filing Jointly (MFJ). If you lived apart from your spouse the entire last half of the year and you each have a qualifying child, you may each file as Head of household.

The rule about a spouse not being able to use the standard deduction if the other spouse itemizes only applies to those using MFS status. So, you can each use standard or itemized, as fits your needs.

[Lilly-W-]

What if only one spouse has a child? Yet, everything previously stated is the same.

[Hal_Al]

Then the spouse without the child must file as MFS . If the HoH spouse uses Standard deduction, the MFS spouse may use either standard or Itemized. But if the HOH spouse uses itemized, the MFS spouse must use itemized too.

You still have the option to file MFJ. Living apart does not prevent that.