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Head of Household vs. MFS - couple separated 2 years


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Posted

I think I'm right on this one but just wanted to see what you guys thought. I have a female taxpayer who has been separated from her husband for 2 years but never legally divorced. She has a teenage daughter from a previous marriage who lives with her. She paid more than 1/2 the cost of keeping up the home and is the only person entitled to claim her daughter. Do you agree that I am correct in saying that she meets the tests to be "considered unmarried" and can therefore file as HOH?

Posted

Ex did not live with them AT ANY TIME during the last 6 months of the tax year? Not even one night?

Tom

Hollister, CA

Not even one night, Tom. In fact, another man now lives with her so it could make for a tense situation. LOL!

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