Filing Status if Separated in Virginia

Forum|Forum|1 year ago
April 5, 2025
1 reply
0 views

We live in Virginia. My husband moved out on 5/15/24. By Fall 2024 we had a separation agreement in place. I have a teenager who lives 100% with me, and I provide more than 50% of his care and of the household. Normally I think I could file 2024 as Head of Household for federal purposes. But Virginia is one of the rare states that does not recognize legal separation. I have researched my filing status extensively, but it is so confusing. If I file HOH for federal, then I must file Single for VA, which is not correct. My question: If you are a Virginia resident, are you never allowed to filed HOH on your federal return?

Bsch4477

Employee

Filing Status 1 - Single: If your filing status on your federal return was Single, Head of Household, or Qualifying Widow(er), you must use Filing Status 1 on your Virginia income tax return. You are considered single if you are unmarried, or if you are divorced or legally separated under a separate maintenance decree.