Married filing separately but other spouse filing head of household

Forum|Forum|1 year ago
April 3, 2025
2 replies
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Is this possible to do or will this cause and issue with the IRS?

xmasbaby0

Employee

Did you live apart for at least the last six months of 2024? Does the other spouse have physical custody of the children? Those circumstances could make it possible for that spouse to file HOH and for the other spouse to file married filing separately. Provide some details.

**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.**

couchbossesAuthor

She does claim both children but we live together

KeshaH

She wouldn't qualify for Head of Household. You can file jointly as Married Filing Jointly, or each file as Married Filing Separately.

KeshaH

The only time a married taxpayer can file as Head of Household is if the spouses didn't live together for any part of the last six months of the year, and the spouse filing Head of Household is claiming their child as a qualifying person. If you file as Head of Household when you don't qualify, the IRS can adjust your return and you may have to pay back any extra refund that you received.