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Asked 11/28/2011

My husband and I have filed no legal divorce papers, but have been separated a year. Can I file head of household on taxes?

I filed Married but separate last year, as we split November 21st, 2010. Can I file head of household on my taxes this year? We have lived apart the entire year, I pay ALL the bills for my house, and I have three children.

My concern is that there were no legal divorce papers filed, and he may try to file his taxes using Married but Separate. Will that affect my Head of Household status?

 
 
 
 
Answers

Answer 1/1 - Submitted 11/28/2011

If you've lived apart for the last six months of 2011, and consider yourself unmarried you can file as head of household, even with no formal legal paperwork in the works. His filing status as married filing separate would still be appropriate and shouldn't affect your filing head of household with your dependents.

 
 
 
 
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