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If I am separated from my spouse since 4-2 due to criminal charges and a protective order against him, should I file "married filing separately"?
When to file married filing separately
Will you be legally separated as of year's end?
Legally separated means that your separation was legally recorded by a court.
If so, then you must file as either Single or (if you qualify) as Head of Household. See this IRS reference:
Qualifications for Head of Household:
Head of household: If you're married or legally separated, one of you may be eligible to file as head of household if all of these apply:
- Your spouse didn't live in your home for the last 6 months of the year
- You paid more than half the cost of keeping up your home for the year
- Your home was the main home of your dependent child for more than half the year
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