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MGC94
Level 7
February 21, 2023
Question

MFS/Single/HOH

  • February 21, 2023
  • 5 replies
  • 37 views

taxpayer and spouse do not live together over a year going on 2 years. 

last year filed MFJ 

there are 2 dependents 

he lives in a different house

 

can taxpayer file HOH and claim 2 children for dependents and spouse file single? 

They are not officially divorced, but have a notarized separation agreement (state is NJ)

 

Thank you  

This topic has been closed for replies.

5 replies

GodFather
Intuit Community Champion
February 21, 2023

Based on the details you provided it sounds like the one can file HOH and the other single.  Since they lived apart for more than 6 months, I believe that is one of the main qualifiers.   

See this link for more details:

Head of Household Divorce | H&R Block (hrblock.com)

BobKamman
Level 15
February 21, 2023

The one with the kids can probably file HoH.

The other can definitely not file as single, at least based on this explanation of the law in New Jersey ("where we are too dumb to pump our own gas!")

Did you know that there is no "Legal Separation" in New Jersey?

https://www.kaplandivorce.com/blog/legal-separation-in-new-jersey

PATAX
Level 12
February 21, 2023

Quickfinder and taxbook should both address this with Flowcharts. Both excellent

Skylane
Intuit Community Champion
February 21, 2023

Agree with @BobKamman . Only the parent who the kid lived with is eligible to file HOH. The other must file MFS. 
New Jersey does not recognize a separation agreement notarized or not. They must file MFS or MFJ the taxpayer would have to file MFS. The parent with the kids in residence could file HOH

They would be better off filing MFJ.

 

At @BobKamman  seriously? I’ll be back in a little bit to tell you about New Jersey fuel.

If at first you don’t succeed…..find a workaround
ljr
Level 9
February 21, 2023

HOH for parent with kid, MFS for the other one 

MGC94
MGC94Author
Level 7
February 22, 2023

on the IRS website I did the ITA interactive tax assistant and it said the same thing. HOH for the mom and MFS for the dad. I just wanted to double check and also what about with NJ? 

Level 8
February 22, 2023

do they have a document from the court? Notarized agreement is between the parties. Research the tax law addressing whether they qualify for MFS or single. Then you can determine whether either qualifies for HOH. I believe they are MFS.