“My spouse and I are getting a divorce, do I have file a joint return?” is a question I often get from taxpayers that are separated from their spouse but not yet divorced. The answer is, like most tax questions, maybe.
A married person can file as if they were not married if they both file separate returns and they did not live with their spouse during the last six months of the year.
The taxpayer may be able to file as Head-of-Household if they paid for more than half the cost of keeping up a home for the tax year and the taxpayer’s home was the main home for more than half the year of his child or stepchild, adopted or foster child.
Like any good CPA, I need to add a disclaimer: unfortunately, it is impossible to offer comprehensive tax info over the internet, no matter how well researched or written. And remember, I love my readers but having me bookmarked on your computer doesn’t make you a client: before relying on any information given on this site, contact a tax professional to discuss your particular situation.