What if my spouse and I don't live together?

FreeTaxUSA
FreeTaxUSA FreeTaxUSA Team Posts: 19
edited February 7 in Situation & Life Changes

If my spouse and I have lived apart for quite a few year, do I need to file Married Filing Separate?

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  • FreeTaxUSA
    FreeTaxUSA FreeTaxUSA Team Posts: 19
    edited August 2023

    It depends on a couple of factors:

    1.) Are there dependents children living with you?

    2.) Did you pay for more than half the expenses for the home you live in?

    If the answer is yes to those two questions, you may be able to file using the head of household filing status.

    See "Considered Unmarried" from IRS Publication 501

    If you answer no to either of the questions above, you will likely need to file as married filing separately or married filing jointly.

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  • KristineS
    KristineS FreeTaxUSA Agent Posts: 143

    If you live in one of the nine Communty Property states as shown in Publication 555, and file as married filing separately, you will also each need to file Form 8958 with your tax return. Currently, our tax software does not support this form.

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