From a tax filing point of view, am I considered legally separated by having filed for divorce?
wrknhard4the$ asked:
My husband and I separated in Dec. 2006. I finally filed for divorce (that he asked for) in March 2007 in our home state of California. He and I have not lived together as husband and wife since the separation, but the divorce is far from being final. Are we considered legally separated and can I file my 2007 taxes as single or head of household? Or must I still file married filing separately?
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My husband and I separated in Dec. 2006. I finally filed for divorce (that he asked for) in March 2007 in our home state of California. He and I have not lived together as husband and wife since the separation, but the divorce is far from being final. Are we considered legally separated and can I file my 2007 taxes as single or head of household? Or must I still file married filing separately?
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February 15th, 2008 at 2:49 pm
No, you are not considered legally separated unless you have a decree of divorce or separate maintenance. You must file as MFS. You may file as HoH if you qualify for that status but you may NOT file as Single.
February 16th, 2008 at 12:06 pm
No, you aren’t considered legally separated just because you filed for divorce. You can’t file as single. But if you paid over half the cost of providing a home for your child who lived with you over half the year, and either you or your soon to be ex claims that child as a dependent for 2007, you can file as head of household. Otherwise you have to file as married filing separately, or file a joint return.