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stepmomof2
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Separated in MI
      #492716 - 01/08/09 08:08 PM

My STBX moved out in February. According to the IRS site, it looks like I can file single. After searching around, I am having a hard time determining whether or not we are considered "unmarried" in MI. It doesn't appear that MI has legal separation? Any advice? Thanks in advance

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matart1
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Re: Separated in MI [Re: stepmomof2]
      #492817 - 01/09/09 08:19 AM

correct me if I am wrong but you are single if you are legally divorced no later than December 31st of the tax year.

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Tweeby
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Re: Separated in MI [Re: stepmomof2]
      #492826 - 01/09/09 09:00 AM

Do you have any children?

According tot he IRS website and Pub 501:

http://www.irs.gov/pub/irs-pdf/p501.pdf

The IRS usins what martial status you are on Dec 31. So if your married than they consider you married. There are a few exceptions. If you have a separation agreement that is defined by your State than you can be considered single. If your State doesn't have legal separations than you are considered married.

If you have a qualifing dependant (most likley a child) than you may be considered HOH (Head of Household) and there are a few tests that have to be met to qualify.


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stepmomof2
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Re: Separated in MI [Re: Tweeby]
      #492954 - 01/09/09 05:22 PM

He has custody of his son from a previous marriage. According to the IRS link, it looks like he can file HOH. Does that mean I would have to file married filing separately? (From what I understand, that's the worst way to file?!) I'm just trying to determine what would be most beneficial to both of us.

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Tweeby
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Re: Separated in MI [Re: stepmomof2]
      #493004 - 01/09/09 11:21 PM

He can file HOH IF he qualifies. You have no dependants so you would have to file married filing separately. Each way of filing has positives and negatives. Filing married filing separately is not ALWAYS the worse way to file, depends on the situation.

Whenever I do a married couple forms I would try married filing joint and separately to figure out which was would be best. Majority of the time it was married filing joint but not always.

You COULD file married filing joint but that is something you will have to talk over with your husband to see if you could do a split of refund/payment.


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stepmomof2
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Re: Separated in MI [Re: Tweeby]
      #493124 - 01/10/09 03:43 PM

THX for the advice. I will try calculating it all possible ways and hopefully can get him to agree to whatever will generate the biggest refund.

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