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nighteronly · Feb 26, 2008, 11:34 AM

I am not yet legally separated fro my spouse but will be by the end of 2008. My ex-husband and I are getting ready to file taxes. Technically he does not live in the home that my children and I do because he works all over the country. Every three to four weeks he flys in to see the children at which time I leave the house in order to let him have a place to be with the children and stay at an apartment that I rent for these occasions.

It is now time to file taxes and I am not sure what status each of us are to use. I make less than 16k he makes 70+K... He currently pays the mortgage on the house and some utilities but I pay the remainder of the expenses. No formal child support or alimony is arranged.

Can someone please help me with this, I need to know what filing status each of us should use.... Married filing seperately, Joint, Single, head of Household

Thanks

ebaines · Feb 26, 2008, 12:11 PM

You may find that MFJ still gives the lowest overall tax bill for you, but you and your husband will have to cooperate on it (both have to sign the return), and you are each liable for the other's filing. So depending on how well you get along that is certainly one way to go.

If you don't trust him, or don't want to be liable for his portion of the tax bill, then go with MFS or Head of Household. Depending on your circumstance you may find that HoH gives you less tax than MFS. You can file as HoH (even though you are still married) if your husband did not live in the house for at least the last 6 months of the year and you provide over 50% of the upkeep for the house for the year, and if you are entitled to claim the children as deductions. If he's paying the mortgage you may not meet the house upkeep test.

Also, be careful that you and your husband don't both try to claim the kids as deductions, as this will cause issues with the IRS. If you do file as MFS, it would be beneficial to both of you if you can negotiate a deal where he claims the kids as deductions and gives you a payment to make you whole - because he has the higher income that will save more in total tax for the two of you.

You can not file as single as you are not legally separated.