How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lane Your Own Question
Category: Tax
Satisfied Customers: 9706
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
Type Your Tax Question Here...
Lane is online now
A new question is answered every 9 seconds

My husband moved out the end of 2014, but refuses to get a

Customer Question

My husband moved out the end of 2014, but refuses to get a divorce. I have one child that lives with me that I want to claim,but my husband says we have to file together. is that tur?
Submitted: 1 month ago.
Category: Tax
Expert:  Lane replied 1 month ago.

Hi. I can help here. My name's Lane


No, that's incorrect. There are two basic fiing statuses for those that are married (married filing jointly and married filing separately)


Further, if you have at least one dependent, you can file as head of houshold (lower taxes than filing as married filing separately) as long as you meet certain criteria.


Even if you are still legally married, you may beconsidered unmarried for the purposes of the Head of Household filing status if all 5 of the following statements are true:

  1. You are not filing a joint return.
  2. You paid more than half of the costs of keeping up the home during the year.
  3. Your spouse did not live with you anytime during the last 6 months of the year (temporary absences don't count as not living with you).
  4. Your Qualifying Person is your child, stepchild, or foster child and they lived in your home for more than half the year (except temporary absences).
  5. You are able to claim an exemption for the child (meaning they qualify as your dependent),or you cannot take the exemption only because the noncustodial parent qualifies for it
Expert:  Lane replied 1 month ago.

Finally, it might help to know that if you refuse to file jointly, this makes it impossible for him ... as the only way one can file a joint return is to have both signatures.


If you refuse to file that way, the only way he'd be able to make that happen is to forge your signature, a felony.


Please let me know if you have any questions at all, before rating me


If this HAS helped, and you DON’T have other questions … I'd appreciate a positive rating (using the stars or faces on your screen, and then clicking “submit") ... Otherwise I receive no crediting for the work here.


Thank you!


I hold a law degree, with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in financial accounting & tax, a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986.

Related Tax Questions