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paul1548

Junior Member
undefinedWhat is the name of your state?

Ohio

My wife and I have been living apart (different states) for over a year, have not yet legally separated or filed for divorce but will be doing so over the next few months.

Can we both file as 'single' rather than 'married filing separately'?

Is it true as I have read that since we have lived apart for over a year (6 months I read), that she could still fund an IRA to the max even though she would not be eligible( due to my income and benefit package) if we were married and living together?

I appreciate the advice...
 


LdiJ

LdiJ

Senior Member
paul1548 said:
undefinedWhat is the name of your state?

Ohio

My wife and I have been living apart (different states) for over a year, have not yet legally separated or filed for divorce but will be doing so over the next few months.

Can we both file as 'single' rather than 'married filing separately'?

Is it true as I have read that since we have lived apart for over a year (6 months I read), that she could still fund an IRA to the max even though she would not be eligible( due to my income and benefit package) if we were married and living together?

I appreciate the advice...
Click to expand...
There are differing opinions here. Some believe that only the spouse with custody of the children is entitled to be treated as unmarried for tax purposes in this scenario. If you go only by the IRS publications that would look correct.

It is my belief that the code allows for equal treatment and that both spouses can be considered as unmarried for tax purposes, whether children are involved or not.
 
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Snipes5

Senior Member
Would you please cite the code section that allows this?

It is my belief that legally separated individuals may file as single or as HOH if they qualify, but those who have not legally separated must file as MFS if they do not qualify for HOH.

Thanks,
Snipes
 
LdiJ

LdiJ

Senior Member
Snipes5 said:
Would you please cite the code section that allows this?

It is my belief that legally separated individuals may file as single or as HOH if they qualify, but those who have not legally separated must file as MFS if they do not qualify for HOH.

Thanks,
Snipes
Click to expand...
I will try to dig it out again. I had a case study on it but it was on a computer that crashed last year.
 
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