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Richard, Tax Attorney
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My wife and I were separated in a Hamilton County, Ohio court.

Resolved Question:

My wife and I were separated in a Hamilton County, Ohio court. When we file our Federal and State Tax return, are we Married or Individual?
Submitted: 4 years ago.
Category: Tax
Expert:  Richard replied 4 years ago.

Good morning. IRS Publication 17 provides as follows....


Considered married. 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.

  1. You are married and living together as husband and wife.

  2. 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.

  3. You are married and living apart, but not legally separated under a decree of divorce or separate maintenance.

  4. You are separated under an interlocutory (not final) decree of divorce. For purposes of filing a joint return, you are not considered divorced.

I hope this has given you information that has been helpful to you. I wish you the best of luck!


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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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