Does the IRS require you to submit your separation decree prior to approving your return?

[mooneysx5]

My soon to be ex and I have been separated since April 2016, and have been living separately since then. However, we did not officially file and go to court until 12/20/2016. I am looking to file as head of household in order to claim my kids, but I am wondering if we will need to send in the separation decree or whether they will approve it without?

[bluedeb · Accepted solution]

You don't have to submit your separation papers.  Your filing status goes by what is was on the last day of the year, if you were legally separated by the laws of your state at the end of the year you can file as Single or Head of Household. 

Do I qualify for Head of Household?

https://ttlc.intuit.com/replies/3288637

[mooneysx5]

Thank you for your quick response, though I feel as though that may seem fishy, does it not? In that case, couldn't anyone "claim" they are legally separated? I am just nervous about having my return held up if it appears fraudulent. 

[bluedeb · Accepted solution]

People can claim they are legally separated but the IRS can verify that information when they go over your tax return.

[mooneysx5]

Okay, great. That's what I wanted to make sure of. Thanks again!

[bluedeb]

your welcome