Filing Status

Today, Yvonne from Illinois hopes we can help her “I filed for a divorce in March of 2004. We live in separate homes and separate counties.

Can I file for head of household, knowing he will also file for head of household. The divorce is not final yet.


Dear Yvonne,

I haven’t a clue. Do you have children? Do the two of you have more than one child, so each of you may tax a child as a dependent?
Since you were living apart for more than the last six months of the year, you will be able to file as head of household – as long as you meet the other 4 tests:

IRS’ 5 tests for a married Taxpayer to be HOH:
1.You file your own, separate tax return.
2.You paid more than half the cost of keeping up your home for the tax year.
3.Your spouse did not live in the house with you during the last 6 months of the year. Not even for a single night. (Tax Court denied the filing status because a husband slept in his wife’s home for ONE night during those 6 months.)
4.Your home was the main home for one or more qualifying dependents.
5.You are a US citizen or resident for the entire year.

If you meet all of those conditions, sure, file as head of household – Go for it, girl!

You’ll find links to all kinds of personal tax information at TaxMama.com

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