Legal Question in Family Law in North Carolina
my husband and I had not live together in over 6 years but we are still marry can i file head of the house hold for tax purpose?
Asked on 12/12/12, 9:31 am
1 Answer from Attorneys
Kenneth Love
Ken Love Law
It depends. The base rules for head of household is that you have to be considered unmarried on the last day of the year. To be unmarried under the IRS rules, you need to have been separated for at least 6 months or have filed for legal separation. Based on your question, you will be able to file head of household as long as you have dependants in your home..based on the fact that you will be unmarried on the last day of the year and have lived separate and apart for well over 6 months. If you cohabitate again, it changes this answer.
Answered on 12/13/12, 6:22 am