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January 25, 2023
Question

Can I be claimed as a dependent? My total income is over $4,400 but my spouse and I (unmarried) live together and he supports completely.

  • January 25, 2023
  • 2 replies
  • 0 views
He pays for all bills, pays mortgage, pays utilities, household items, all of my  expenses.

2 replies

Employee
January 25, 2023

If you had more than $4400 of income not counting SS then you cannot be claimed as anyone else's dependent.    You can file your own tax return --- file Single (unless you have a dependent you have not mentioned).   Bf can file his own tax return,  too but he files Single---not head of household ---unless he has a qualified dependent.  And you cannot possibly be his qualified dependent for HOH.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
January 26, 2023

you don't have a spouse unless you are married.  in states that recognize common law marriages, if you qualify, you are married and the other party is your spouse. 

Hal_Al
Employee
January 26, 2023

You may be able to file as Married Filing Jointly if you live in a state that recognizes common law marriage. Currently, the following jurisdictions recognize common law marriage:

 Colorado

 District of Columbia

 Iowa

 Kansas

 Montana

 New Hampshire

 Oklahoma

 Rhode Island

 South Carolina

 Texas

 Utah

Alabama (2017), Georgia(1997), Idaho(1996), Ohio(Oct. 1991), and Pennsylvania(2005) are grandfathered for the marriages before the year indicated. Living together in a common law state is usually insufficient - you need to hold yourself out as married including owning property together, having joint bank accounts, etc. To find out your state’s rules see:

http://family.findlaw.com/marriage/common-law-marriage-states.html