Skip to main content
naymafv
March 19, 2021
Question

Will I need to provide any proof that my husband and I do not reside at the same address when I amend from Married Jointly to Head of Household?

  • March 19, 2021
  • 2 replies
  • 0 views
I am legally married, but I have not lived with my legal husband as we are separated (no documents processed as legal separation) but cannot afford a divorce. We have not been living together since 2019.

I already did our taxes as married jointly because I thought it was mandatory (and my legal husband gave me a hard time about this) so I am wondering if I can amend so I can claim as Head of Household instead.

If this is legal, will I need to provide any documentation as proof of us not living together or anything else? If so, what type of proof will I need to provide? How does this all work?

2 replies

Employee
March 19, 2021

No proof is necessary. But to file as head of household you have to have a qualifying person.  This article has the details. 

https://turbotax.intuit.com/tax-tips/family/guide-to-filing-taxes-as-head-of-household/amp/L4Nx6DYu9

naymafv
naymafvAuthor
March 19, 2021

@Bsch4477 

 

Thank you for your prompt response!

 

I’d like to confirm that I can amend from Married Jointly to Head of Household. Is this correct?

Employee
March 19, 2021

Yes. If you have a qualifying person as described in the article that I referenced you can file as head of household. You can actually amend your return to do that any time in the next 3 years. Only if you amend to married separately do you have to do that before May 17 but I understand that isn’t your intention. As mentioned, TurboTax will allow e filing of an amended return soon. 

March 19, 2021

you can amend but the 1040-X needed won't be ready until 3/25.  then you should be able to file it electronically.   When changing from joint to MFS, you only have until 5/17/21 - the revised original due date for 2020 returns. 

naymafv
naymafvAuthor
March 19, 2021

@Mike9241 

 

Thanks for you response! I will be filing as Head of Household since I have children that live with me. 

Do I still have to wait until 3/25?