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Stephanie B.
Stephanie B., Enrolled Agent
Category: Tax
Satisfied Customers: 556
Experience:  MTax, EA, QuickBooks Proadvisor. Over 15 years accounting and tax experience specializing in individual and small business.
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how can i file if Iam seperated from my husband more than three

Customer Question

how can i file if Iam seperated from my husband more than three years and i live in a different house with some of my kids but iam not legally seperated.
Submitted: 5 years ago.
Category: Tax
Expert:  Stephanie B. replied 5 years ago.


Thank you for using Just Answer.

When you are married you have two options on your federal return, Married Filing Separate (MFS) or Head of Household (HOH) if you qualify. You do not have to have a legal separation in order to file HOH. However, in order to qualify for HOH you must have lived apart from your spouse for the last six months of the tax year, you do not file a joint tax return with your spouse, you paid over half of the cost of keeping up the home for the tax year, your home was the main home of your children for over half of the tax year, and you claim these children as dependents or your spouse claims them as dependents under the divorced or separated parents rules.

As for PA state tax though, they do not have a HOH status. So, it looks as though you would be MFS for your state returns.

Please let me know if you have need more information regarding this issue. I will be more than happy to assist you.

Stephanie B. and other Tax Specialists are ready to help you
Customer: replied 5 years ago.
so if i file head of household do i have the right according the the tax filing status. which tape of document should i present to prove my case
Expert:  Stephanie B. replied 5 years ago.
If you are asked to prove your HOH filing status, the IRS may request utilities bills and other household bills that are in your name and a rental/lease agreement between you and your landlord or a mortgage statement if you own your home as well as proof that you made the payments. They may request you to provide paid receipts from your landlord if you rent.

These are some of the normal documents that are requested to prove you paid over half the cost of keeping a home, although there may be more. You need to be sure that you qualify to take HOH and can provide at least the above documentation to prove your position if asked and you will be fine.

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