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I am married but have been separated for ten months. Do I still have to file as married or can I file as single?
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If you are not divorced on the last day of the tax year, your filing status choices are
- Married filing jointly,
- Married filing separately,
- Or, if you qualify, Head of Household. You are considered unmarried for HOH if you lived apart from your spouse for the entire last 1/2 of the year, You provide more than 1/2 of the cost of maintaining a residence for you and a qualifying relative and you have a qualifying relative (such as your child) living with you for more than 1/2 of the year . If the child is your qualifying child, you do not need to claim them as a dependent.
You cannot file as a single person unless you meet the strict definition of "legally separated" under a court decree, and your state recognizes legal separation
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