I'thousand married living with my spouse. Can I file head of household?

March 24, 2022 by Dave Du Val, EA

Mom blowing bubbles with daughter on a couch

Hey Dave,

I'm legally married and withal live with my spouse. We both file our taxes separately. I want to know if I can file every bit head of household while he files as married filing separately since I make more money to have care of our children.

Please allow me know.

Sabrina

  Sabrina,

Pitiful to say, but no, you lot should not file Caput of Household (HOH) if you are married and still living with your spouse. The HOH status is for those who are single (unmarried, divorced, or legally separated) or those "considered unmarried" who maintain a habitation for a qualified person.

"Considered unmarried" ways that you are legally married such equally you are, only accept lived apart from your spouse for the last vi months of the tax year. Temporary absences (for such things as schoolhouse, armed forces service, etc., practice not count equally fourth dimension lived apart).

So, since you are legally married and nonetheless living with your spouse, the HOH status is unavailable to yous. You should file married filing jointly (MFJ) with your spouse if y'all both agree to practice so, or file as married filing separately. More often than not, the MFJ status is better, only this is not e'er the case.

Deductibly Yours,

Dave

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