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

March, 24 2016 by Dave Du Val, EA

Hey Dave,

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

Please let me know.

Sabrina

 

Sabrina,

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

“Considered unmarried” means that you are legally married, such as you are, but have lived apart from your spouse for the last 6 months of the tax year. Temporary absences (for such things as school, military service, etc., do not count as time lived apart).

So, since you are legally married and still living with your spouse, the HOH status is unavailable to you. You should file married filing jointly (MFJ) with your spouse if you both agree to do so, or file as married filing separately. Generally, the MFJ status is better, but this is not always the case.

Deductibly Yours,

Dave