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Ask Lane Your Own Question
Category: Tax
Satisfied Customers: 12484
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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My questions is since my husband and I are separated

Customer Question

Hello my questions is since my husband and I are separated not divorced can he file married filing separately and I fail head of household since we do also live seperately and our DL licenses are different?
Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.
Hi,...Yes this is possible, depending on certain tests....See this from IRS: (Here:"Married persons living apart. If you live apart from your spouse and meet certain tests, you may be able to file as head of household even if you aren't divorced or legally separated. If you qualify to file as head of household instead of married filing separately, your standard deduction will be higher. Also, your tax may be lower, and you may be able to claim the earned income credit. See Head of Household , later."...The test are as follows (let me get the regs for you)
Expert:  Lane replied 1 year ago.
Some married taxpayers who live apart from their spouses and provide for dependent children may be "considered unmarried" for tax purposes. These taxpayers are permitted to file as Head of Household and receive the benefit of lower tax amounts if theyFile a return, separate from their spouse, for the tax year.Paid more than half the cost of keeping up their home for the year. Lived apart from their spouse during the entire last six months of the tax year. The spouse is considered to have lived in the home even if temporarily absent due to special circumstances, such as military service or education.Provided the main home for more than half the year of a dependent child, stepchild, or foster child placed by an authorized agency.
Expert:  Lane replied 1 year ago.
Please let me know if you have any questions at all....If this HAS helped, and you DON’T have other questions … I'd appreciate a positive rating (using the faces or stars on your screen, and then clicking “submit I know it takes an extra step, but JustAnswer won’t credit us for the work until you rate....Thank you!Lane……I hold a law degree (JD, Juris Doctorate), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in finance & tax, as well as CFP® and CRPS designations. - I’ve been providing financial, Social Security/Medicare, estate, corporate, both for-profit and non-profit, and tax advice, since 1986.