filing status

[krco]

I am married but havn't seen or heard from my husband in 3 years. Can I file single since I only support myself. This is in N.Y. no children . I am the only dependent.

 

[Betty]

Yes, since you haven't lived with your husband for 3 years, you can file a return as a single person. (single return)

 

[Snipes5]

Betty,

On what exactly are you basing your answer? If the OP is legally separated, she can file as single. If not, she can file Married Filing Separate. That's it.

Snipes

 

[Jennx1032]

Yes, since you haven't lived with your husband for 3 years, you can file a return as a single person. (single return)

I have done some looking into myself and you can only file single if you are infact single, married filing seperate is best for you. If their are divorce papers in the courts and you had a child , you could claim HOH but since that is not the case, that is out also. Sorry
I would find him and serve him papers and get the process going or you will have the same problem next year

 

[Snipes5]

I am glad you have done some looking into it.

However, at least three EA's and an attorney or two have discussed it at length on this site, and we agree that if the OP is LEGALLY SEPARATED, she can file SINGLE.

Snipes

 

[Betty]

Betty,

On what exactly are you basing your answer? If the OP is legally separated, she can file as single. If not, she can file Married Filing Separate. That's it.

Snipes

Snipes, I had read some information that if the wife had not lived with the spouse for at least six months of the prior year, she can file as if she was single - single, individual return. Maybe the info I read was not correct - if so, I am sorry I gave incorrect info. It's one of those you can't always believe what you read things I guess. Betty P.S. Thank you for giving me the correct info
edit to add add'l. info: Snipes, I did some further checking & see that she must be LEGALLY separated - then can file as SINGLE. The other info I read I'm sure was incorrect.

 

[Ohiogal]

I am glad you have done some looking into it.

However, at least three EA's and an attorney or two have discussed it at length on this site, and we agree that if the OP is LEGALLY SEPARATED, she can file SINGLE.

Snipes

Snipes,
I am NOT trying to argue with you but am curious as to the reason why you and the others believe that Legally Separated is the same as SINGLE. IN fact the person is still married. They cannot marry anyone else and are still seen as married by various stages of government in a lot of respects.
So why would the IRS allow them to file as Single.

 

[Snipes5]

The only real answer to that is because Congress told them to.

Snipes

 

[LdiJ]

Snipes,
I am NOT trying to argue with you but am curious as to the reason why you and the others believe that Legally Separated is the same as SINGLE. IN fact the person is still married. They cannot marry anyone else and are still seen as married by various stages of government in a lot of respects.
So why would the IRS allow them to file as Single.

Because people who are legally separated are no longer legally responsible for each other financially.