i am legally married but havent lived with my husband for seven years do i have to file married but filing seperate

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    It depends. if you qualify for Head of Household (HOH), you can file your tax return with this filing status.  If you don't qualify for HOH and are separated and have a separate maintenance decree you can file as Single. If you cannot file as Head of Household or Single, then you must file Married Filing Separately.


    Married persons can choose to file a joint return or separate returns.  You are considered married for the whole year if on the last day of your tax year you and your spouse meet any one of the following tests:
    -You are married and living together as husband and wife.
    -You are living together in a common law marriage that is recognized in the state where you now live or in the state where the common law marriage began.
    -You are married and living apart, but not legally separated under a decree of divorce or separate maintenance agreement.
    -You are separated under an interlocutory (not final) decree of divorce.

    For more information, please refer to Publication 17, page 21.  http://www.irs.gov/pub/irs-pdf/p17.pdf


    If you live apart from your spouse and meet certain tests, you may be considered unmarried.  If this applies to you, you can file as head of household even though you are not divorced or legally separated.  

    You can file as head of household if you meet all of the following requirements.

    1.  You are unmarried or “considered unmarried” on the last day of the year.  You are considered unmarried on the last day of the tax year if you meet all the following tests:

    -You file a separate return
    -You paid more than half the cost of keeping up your home for the tax year. (see worksheet on page25  of Publication 17)
    -Your spouse did not live in your home during the last 6 months of the tax year.  Your spouse is considered to live in your home even if he or she was temporarily absent.
    -Your home was the main home of your child, stepchild, or foster child for more than half the year.
    -You must be able to claim an exemption for the child.  You meet this test if, you cannot claim the exemption only because the noncustodial parent does (i.e. divorce)

    2.  You paid more than half the cost of keeping up a home for the year.

    3.  A “qualifying person” lived with you in the home for more than half the year (except for temporary absences, such as school).  However if the “qualifying person” is your dependent parent, he or she does not have to live with you.

    For more information, please refer to Publication 17, page 23.  http://www.irs.gov/pub/irs-pdf/p17.pdf
    • i have been seperated from my spouse for 8 months can i file head of household
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