Janitor Bob Posted February 10, 2016 Report Share Posted February 10, 2016 Client left her spouse and of May 2015 (divorce not final until Jan 16) and lived apart from him the last 6 months of 2015. Can she file as Single or must she mile MFS/MFJ? In all my years of tax prep this is actually the first time I have dealt with this scenario ...Just want to make sure....Single sure would be better than MFS Quote Link to comment Share on other sites More sharing options...
joanmcq Posted February 10, 2016 Report Share Posted February 10, 2016 If she has a child she can file HOH, otherwise it's MFS. Sorry. 3 Quote Link to comment Share on other sites More sharing options...
Max W Posted February 10, 2016 Report Share Posted February 10, 2016 If client is separated under an interlocutory (not final) decree of divorce, it can be fied as single. Same thing if the court requires ex to pay spousal support. 1 Quote Link to comment Share on other sites More sharing options...
Jack from Ohio Posted February 10, 2016 Report Share Posted February 10, 2016 If she has not lived with him for the last 6 months of the year, she can file single or HOH if she had a qualified child. Under the heading of filing status, check the rules for "considered unmarried" to find this. This has been in place for many years. Must be 6 full months and not one single night of being together during the 6 months. 2 Quote Link to comment Share on other sites More sharing options...
mcb39 Posted February 10, 2016 Report Share Posted February 10, 2016 35 minutes ago, Jack from Ohio said: If she has not lived with him for the last 6 months of the year, she can file single or HOH if she had a qualified child. Under the heading of filing status, check the rules for "considered unmarried" to find this. This has been in place for many years. Must be 6 full months and not one single night of being together during the 6 months. Well, you know that it is going to be at least six months and one day. Quote Link to comment Share on other sites More sharing options...
Possi Posted February 10, 2016 Report Share Posted February 10, 2016 7 hours ago, Max W said: If client is separated under an interlocutory (not final) decree of divorce, it can be fied as single. Same thing if the court requires ex to pay spousal support. I agree with you, Max. Another way to put it is "separate maintenance decree." 1 Quote Link to comment Share on other sites More sharing options...
Pacun Posted February 10, 2016 Report Share Posted February 10, 2016 If they don't have children, only two choices: MFJ or MFS 1 Quote Link to comment Share on other sites More sharing options...
Janitor Bob Posted February 10, 2016 Author Report Share Posted February 10, 2016 I understand the "6 month apart" rule when it comes to potentially filing HOH instead of MFS, but my confusion lies in the situation where client could not claim son/daughter as a dependent....Would the same "6 month apart" rule allow her to file as single or does it only allow for HOH if otherwise qualified? Quote Link to comment Share on other sites More sharing options...
Tax Prep by Deb Posted February 10, 2016 Report Share Posted February 10, 2016 Not unless she has a qualifying child. 1 Quote Link to comment Share on other sites More sharing options...
mcb39 Posted February 10, 2016 Report Share Posted February 10, 2016 Just now, Tax Prep by Deb said: Not unless she has a qualifying child. Agree 1 Quote Link to comment Share on other sites More sharing options...
Janitor Bob Posted February 10, 2016 Author Report Share Posted February 10, 2016 Thanks...That is what I was thinking...MFS unless they have a child that qualifies her for HOH. 5 Quote Link to comment Share on other sites More sharing options...
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