In filing your taxes on form 1040 and u are married but seperated, which box do u check on filing status ?

Question

In filing your taxes on form 1040 and u are married but seperated, which box do u check on filing status ?

Answer 1

Marital status depends on state law.   If you are divorced or legally (according to your state) separated, you are considered unmarried by the IRS.  Your filing status would be either Single or Head of Household (if you maintain a home with a dependent child).

If you are married, but have not lived with your spouse for the last six months of the year, and you are maintaining a home for your dependent child, then you can file as Head of Household.

In all cases, if you are married you can always file Married Filing Jointly if your spouse agrees.

If no other filing status is available to you, you must file as Married Filing Separately.

Answer 2

The answer depends on your state's laws.  Generally, if you are separated meaning "living apart" then you are married - either filing jointly or separately.  If you are legally separated under a court document, you probably file single.  

get professional help from a competent CPA or other tax preparer.

Answer 3

A Form 1040 is a federal tax form and does not depend on state law at all.

If you are legally married as of December 31st - the end of the tax year, then you only have 3 options for filing status:

1.  Married filing Jointly - sometimes spouses will file together even if they don't live together.  This is a good idea in states like California with community property - since your spouse can go back to court and get half the refund later.

2. Married filing Separately - bad if you have children, several of the child credits cannot be claimed by MFS filers.  However, this may be your only choice if you do not qualify for #3, and your spouse won't work with you for #1.

3.  Head of the Household - this status can ONLY be filed by a married person if they are an abandoned spouse.  That means that you must have a child living with you for more than half the year, and your spouse must NOT sleep over at your house for even 1 night from July 1st to December 31st.

Answer 4

If you can not file joint return, then you can file as married filing separately or head of household if you meet the requirements.

Read: http://taxipay.blogspot.com/2008/02/fili...

Answer 5

Since you are seperated then you have to file married filing seperately unless you are claiming a child or someone else then you can file head of household. If your divorce becomes final this year then next year you would file single or head of household depending on the situation. Since you are still married and if you have had an amicable seperation then you can also file jointly if your spouse agrees.