Can I file married and separate & my husband file head of household if we are not legally divorced.?
The way you filed is ok, but it might not be the best way. If you were legally married on 12/31/08, your options, based on your situation, are: 1. Husband files HOH. You file MFS 2. You both file MFS or 3. You file MFJ. A married couple can always file a joint return. You didn't give enough information, but I suspect that a joint return might be the best way for you. You can amend your returns and file a joint return. I would complete a joint return to see if that gives you a better joint refund than the way that you filed.
by Mark S - 14 hours ago
The way you filed is OK if you didn't reconcile until in 2009, since you lived apart the entire second half of 2008. Your filing you just did was for 2008. Good luck.
by Judy - 14 hours ago
You are allowed to file as married filing separately for any year that ended on a day on which you were legally married. He is allowed to file as "head of household" for a year ending on a day on which he was legally married only if ALL of the following are true: 1. He paid more than half the cost of keeping up a home for the year. 2. A “qualifying person” lived with him in the home for more than half the year (except for temporary absences, such as school). However, if the “qualifying person” is his dependent parent, then they do not have to live together. 3. He paid more than half the cost of keeping up his home for the tax year. 4. You (his spouse) did not live in his home during the last 6 months of the tax year. You (his spouse) are considered to live in his home even if temporarily absent due to special circumstances. 5. His home was the main home of his child, stepchild, or foster child for more than half the year. (See Home of qualifying person , later, for rules applying to a child's birth, death, or temporary absence during the year.) 6. Either (a) he is able to claim an exemption for the child, or (b) he cannot claim the exemption only because the noncustodial parent of that child can claim the child using the rules described later in Children of divorced or separated parents under Qualifying Child or in Support Test for Children of Divorced or Separated Parents under Qualifying Relative . The general rules for claiming an exemption for a dependent are explained later under Exemptions for Dependents .
by StephenWeinstein - 14 hours ago
You could only file as Head of Household while still legally married if you lived apart for six months and supported dependent children.
by Max Hoopla - 14 hours ago
If you were LEGALLY married as of December 31, 2008, then you BOTH must file as married. If one of you files as married and the other files as HOH, then you are BEGGING for an IRS audit.......BOTH of you!
by Ryan M - 14 hours ago
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