Pending divorce and filing Head of Household

TX- wife moved out in may05. She is now living with her boyfriend. I have started using TurboTax. It says that according to the 05 tax law that though she and I are not legally divorced that since she has not lived with me after 07/01/05, we are considered "unmarried" and we can file as HoH. She has her son and I am claimng our 3 girls, this will allow me to get back $1000 and her $3000 as she only made about 15K. Just making sure this is correct. I walked through all the step to verify that we could each file as HoH on our taxes. Any tax help?

To file HH, you have to pay over 1/2 the cost of keeping up the home, where your child lives. If you & the 3 kids lived alone, you'll probably qualify. She may have a harder time, since she is living another adult who is probably employed.

You could just file jointly.

abezon said:

To file HH, you have to pay over 1/2 the cost of keeping up the home, where your child lives. If you & the 3 kids lived alone, you'll probably qualify. She may have a harder time, since she is living another adult who is probably employed.

You could just file jointly.

Click to expand...

I pay 100% for the home and everything associated with it. So, can I file HoH and she file married filing sep? Filing together isn't very attractive as she made about 17k this year but she had no federal tax taken out. So that is why we would get back so little.