# U.S. Taxes - Category to File Under?



## Madonna (Nov 24, 2011)

I have been separated for over 17 years (don't ask). Since we are, for all intents and purposes, divorced, can I file as single? We have not shared anything financially in all that time. I maintain my household and he maintains his household. I prefer to file as single, but don't want to cause any problems for myself since, legally, we are still married. On the Canadian income tax forms, there is a "Separated" category that I've checked off since I moved out on my own. Does anyone (Bev?) have any thoughts on this? Thank you.


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## Bevdeforges (Nov 16, 2007)

You need to download and look at Publication 501 - p. 5 and following. 

It doesn't look great - unless you have a "qualifying person" you support (a child or dependent parent, for example), in which case you could file as "Head of Household." To file as single, you're supposed to have a legal order of separation (which you could probably get pretty easily, given that you've been separated this long - might be worth looking into).

It may also depend on your spouse's status. If he's a US citizen and subject to US taxes, he should be filing as "married, filing separately" too - and technically if one of you takes the Standard Deduction, both of you must. If one itemizes deductions, then both are supposed to. (Though, to be honest, I don't know how carefully this is monitored.)
Cheers,
Bev


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## Madonna (Nov 24, 2011)

Bevdeforges said:


> You need to download and look at Publication 501 - p. 5 and following.
> 
> It doesn't look great - unless you have a "qualifying person" you support (a child or dependent parent, for example), in which case you could file as "Head of Household." To file as single, you're supposed to have a legal order of separation (which you could probably get pretty easily, given that you've been separated this long - might be worth looking into).
> 
> ...



Thanks, Bev!


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## SteveOdem (Jan 23, 2012)

Madonna said:


> I have been separated for over 17 years (don't ask). Since we are, for all intents and purposes, divorced, can I file as single? We have not shared anything financially in all that time. I maintain my household and he maintains his household. I prefer to file as single, but don't want to cause any problems for myself since, legally, we are still married. On the Canadian income tax forms, there is a "Separated" category that I've checked off since I moved out on my own. Does anyone (Bev?) have any thoughts on this? Thank you.


I partially disagree with Bev. IF you have not been with your (not quite ex-) husband (think like you were in bed with him) at all since June 30 and were still physically separated on December 31, then you may file for that tax year as if you were divorced - in other words, you can file single or head of household, as appropriate. 

There is ample law on this.


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## Madonna (Nov 24, 2011)

*Thank You*



SteveOdem said:


> I partially disagree with Bev. IF you have not been with your (not quite ex-) husband (think like you were in bed with him) at all since June 30 and were still physically separated on December 31, then you may file for that tax year as if you were divorced - in other words, you can file single or head of household, as appropriate.
> 
> There is ample law on this.


Thanks to both you and Bev for your input. I took Bev's advice and read the relevant section in Publication 501 and on getting a legal separation. Publication 501 says that I can file as single if I am legally separated. I then checked the law on separation in my province and found that I am considered separated because I am separated. 

Quote: "How do I know if I am legally separated?
Answer: When two people, who have been living together in a marriage or marriage-like relationship, decide not to live together any more, they are separated. There is no such thing as a "legal" separation; if you are living apart, you are separated."

I will file as single based on that information. Thanks, again!


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## Bevdeforges (Nov 16, 2007)

Sounds like a valid tax stance to me. Oddly enough, I was just discussing with someone about the matter of federal taxes conforming to what the state - or local country - law is. 

Unless it makes a huge difference in the amount of taxes due, chances are they'll hardly even notice. And should they ever ask, you have a valid argument for why you did what you did.
Cheers,
Bev


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## Madonna (Nov 24, 2011)

Bevdeforges said:


> Sounds like a valid tax stance to me. Oddly enough, I was just discussing with someone about the matter of federal taxes conforming to what the state - or local country - law is.
> 
> Unless it makes a huge difference in the amount of taxes due, chances are they'll hardly even notice. And should they ever ask, you have a valid argument for why you did what you did.
> Cheers,
> Bev


Thanks, Bev, for steering me in the right direction regarding legal separation!


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