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  #1  
Old 02-02-2005, 12:18 PM
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Join Date: Feb 2005
Posts: 2

filing single while married but separated

What is the name of your state? TEXAS
My husband I have been living apart since May of 2004. Can we file 'single' even though we are legally married and did not file a formal separation agreement with the courts?
  #2  
Old 02-02-2005, 01:19 PM
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Join Date: Sep 2004
Posts: 4

Hi There

I am from Pennsylvania, but I think this applies in all states. As long as your spouse didn't live with you the last day of 2004, you should be able to file single. I was separated from my husband for 2003, but we never divorced. We both filed single. I should have done this for 2002 as he did not live with me the last 2 months of the year, but I didn't know about it at the time. He didn't live with me at all during 2003. I am by no means a lawyer, but I am speaking from personal experience. We reconciled in 2004, so it is my understanding that we have to file married, filing jointly as we did before we separated. Go to [url]www.irs.gov[/url] to make sure. I am almost positive that as long as the spouse didn't live in the home the last day of the tax year, then you can file single. Please note that there may be a certain amount of days/months that the spouse has to be out of the home before you can do this. The impression I got from the IRS web site was that as long as they didn't live there the last day of the tax year. I am speaking from personal experience where my spouse did not live in my home the whole tax year.
  #3  
Old 02-03-2005, 12:09 AM
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Join Date: Aug 2003
Posts: 1,848
You're completely wrong sweetie.

Married people cannot file single.

LEGALLY separated people can file single.

A person who has been separated for the ENTIRE last six months of the year, AND is providing more than half the support for a household that includes a dependent child, can file Head of Household.

All other married people must file either Married Filing Joint, or Married Filing Separate.

Snipes
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This post does not create an agreement to represent you before the IRS, nor does it invoke confidentiality regulations. Postings are based only on the information provided and you should consult a tax professional in your area before relying on information contained in this post.
  #4  
Old 02-03-2005, 09:30 AM
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Join Date: Sep 2004
Posts: 4
I apologize. Snipes is correct. I got confused with the HEAD of HOUSEHOLD thing. I was under the impression that I filed single, but I did do it as HEAD of HOUSEHOLD. I apologize for any confusion and the incorrect info. I don't think I'll be posting any advice again. Sorry.
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