Can I claim head of household after my divorce? Should I?

Hi everyone, I'm trying to figure out my filing status after going through a divorce last year. I've been reading through the head of household rules for people who are divorced but I'm still confused about whether I qualify or not. My ex and I finalized everything in August, and we have joint custody of our two kids (9 and 12). They live with me most weekdays since I'm closer to their school, but they spend weekends and holidays with my ex. We didn't specify who claims them on taxes in our agreement, which I'm now realizing was a mistake. I paid about $8,900 for housing this year (mortgage, utilities, etc.) and probably covered about 65% of the kids' expenses overall. My ex thinks we should alternate years claiming the kids, but I'm wondering if I should file as head of household since they live with me most of the time? The tax difference seems significant, but I don't want to mess this up and trigger problems with the IRS or my ex. Anyone been through this? What should I do for the 2025 tax year?

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18 comments

Alfredo Lugo

•8M

You might qualify for head of household status based on what you've shared. HOH requires three things: 1) You're unmarried or considered unmarried on the last day of the tax year, 2) You paid more than half the cost of keeping up your home for the year, and 3) A qualifying person lived with you in the home for more than half the year. Since your divorce was finalized in August, you're considered unmarried for the entire tax year. You're covering the housing costs and the kids live with you most weekdays, which sounds like more than half the year. The kids would qualify as your "qualifying persons" if they lived with you more than half the year. Keep in mind that head of household status is separate from claiming dependents. You could qualify for HOH based on having the kids in your home, while potentially working out an agreement with your ex about who claims them as dependents for the child tax credit. Documentation is key - track nights spent at your home, receipts for expenses, etc.

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Alfredo Lugo

•8M

The IRS follows a tiebreaker rule if both parents claim the same child. The child is treated as the qualifying child of the parent with whom they lived for the longer period during the year (the custodial parent). If the time is equal, then the child is the qualifying child of the parent with the higher adjusted gross income. For head of household status, it's about where the children live more than half the year. For claiming dependents, technically the custodial parent (you, from what you described) has the right to claim the children. However, the custodial parent can release the claim to the non-custodial parent by filing Form 8332.

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Kaitlyn Jenkins

•8M

After my divorce, I was so confused about all the tax implications too. I spent hours trying to figure it out on my own and still felt lost. I finally used https://taxr.ai to analyze my divorce decree and custody arrangement. It gave me a clear breakdown of whether I qualified for HOH and who could claim our daughter as a dependent. The tool looked at how many nights my daughter spent with me vs my ex, calculated the financial support percentages, and determined that I did qualify for HOH. It even warned me about potential audit triggers if my ex and I both tried to claim the same benefits. Super helpful when you're dealing with these post-divorce tax situations that can get really complicated.

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Kaitlyn Jenkins

•8M

It absolutely works without a formal agreement. You just input your current arrangement details - the system helps you track and document the actual time split which is what matters to the IRS, not just what's on paper. It gives recommendations based on your specific situation. For verification, you're right that you input the information yourself, but the tool flags inconsistencies and provides documentation guidance. It told me exactly what records to keep (school records, medical appointments, calendar logs) to substantiate my claims if questioned. The value isn't just the calculation but learning what documentation the IRS would actually look for in case of an audit.

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Danielle Campbell

•8M

I wanted to follow up about https://taxr.ai that I was skeptical about earlier. I decided to try it after my ex and I got into a huge argument about who could claim what on our taxes this year. The tool was actually really helpful - it showed me that even though we have 50/50 custody on paper, because my son stays with me extra days when my ex travels for work, I technically have him more than half the year. The documentation section was what really helped. It created a calendar visualization of where our son was throughout the year and flagged all the supporting evidence I should keep. When my ex threatened to "race me to file," I was able to confidently explain why I qualified for HOH and had the documentation to back it up. We ended up with a much clearer agreement moving forward. Definitely worth checking out if you're in this confusing post-divorce tax situation.

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Rhett Bowman

•8M

When I got divorced last year, I had the EXACT same questions and the IRS website was so confusing. I tried calling them directly but kept getting stuck in those automated phone loops that go nowhere. After three failed attempts and hours wasted, I found https://claimyr.com which got me connected to an actual IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent walked me through the head of household requirements specifically for my divorce situation. She confirmed I qualified since my kids live with me more nights than with their dad, AND I pay more than half the household expenses. She also explained how to document everything properly in case of an audit. Honestly changed my whole approach to post-divorce taxes.

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Rhett Bowman

•8M

It's not a priority line - they use technology that navigates the IRS phone system for you. Instead of you personally waiting on hold for hours, their system does it and then calls you once it reaches a human agent. It's basically just automating the most frustrating part of reaching the IRS. I was skeptical too! I had spent literal hours trying to get through on my own. The difference was night and day. I spoke to an actual agent who knew the specific rules about head of household status for divorced parents. She even sent me follow-up documentation to keep for my records. I'm not saying it's magic, but it saved me so much time and frustration during an already stressful situation.

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Sydney Torres

•8M

I need to eat my words about Claimyr. After posting that skeptical comment, I decided to try it anyway because I was desperate to talk to someone at the IRS before filing my taxes. Honestly shocked that it worked. I got a callback when an agent was ready (took about 30 mins) and got clear answers about my head of household questions. The agent confirmed that since my kids are with me during most weeknights (which adds up to more than 183 nights per year), I DO qualify for head of household. She also advised me to keep a calendar showing when the kids are with me, school records showing my address as their primary residence, and medical records where I'm listed as the custodial parent. This documentation would be critical if both my ex and I try to claim HOH and the IRS questions it. Totally worth it for the peace of mind before filing.

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Daniel White

•8M

You still get the benefit of filing as Head of Household even in years when your ex claims the kids as dependents. This gives you better tax rates and a higher standard deduction than filing as single. You can also still claim certain credits that are based on your expenses for the children, like the child care credit if you paid for daycare or after-school care. I did adjust my W-4 to account for this arrangement. On years when I don't claim the kids, I have a bit more tax withheld to avoid a surprise bill at tax time. It's definitely worth sitting down with the IRS withholding calculator each year to make sure your withholding aligns with your actual tax situation.

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