Wife & i've been living separate for 10 mos. if she files HOH (w/kids) do i file single or married separately?

Question

my estranged wife and i have been living separately and maintaining separate households for past 10 months but are not legally separated or nor have any divorce papers been filed (although I intend to file for divorce in the coming months, knowing it takes 6 months to be final).

our 2 children live with her over 50% of the time. if she files head of household on her 2008 taxes, what do i file as? single or married filing separately? this is important to establish as there is a child support case newly opened and i imagine the support amount will be calculated using our intended tax filing status. it's more important for me to file in a less desirable filing status of single or married filing separately than to file married filing jointly just to get a bit more back on our (or my) tax return. so i need to establish now how i will be filing come tax time for 2008 taxes.

i see where it's indicated SHE can file as HOH, but no one says what options the other spouse (me) would qualify to file as. can i file single if we've been living separately for over 6 months and she files HOH?

anyone know the answer? thank you so much!!

Answer 1

You can file single, even if you are married - that's what Cindy McCain does, even though for reasons different than yours.  But filing single is less desirable from a taxation point of view.  Your best bet on the specifics is consulting a tax professional./

Answer 2

If she files as HofH, your only option is married filing separately.

You could also file a joint return if the two of you can agree on it.

You can't file as single - you aren't.

Answer 3

Your options are either to file Married Filing Separate or if you wife agrees Married Filing Joint.  You can not file as single.

Also, unless your wife and you have a court ordered separation agreement or you are divorced, then your wife can not file as Head of Household.  

You should visit the IRS web site at www.irs.gov and in the forms section look at Publication 17.  This publication will give you a good information on filing statutes and their requirements.

Hope this helps/

Answer 4

The two of you can still agree to file MFJ.  If she isn't interested, then YOU have to file as MFS, Married Filing Separately.

Single is not an option unless you have actually divorced or have nearly divorced and a court issued "separate maintenance decree."

If all you did was move out, you file MFS.  

Answer 5

Your wife can file as HOH and you can file as married filing separate or you can file jointly.  On the presumption that you are still talking to each other, figure it both ways and go with the better.