Can I qualify for head of household filing status if I'm separated but not divorced?

You can absolutely file as Head of Household while legally married, but you need to meet several specific requirements: 1) You must have paid more than half the cost of keeping up your home for the year (which it sounds like you have with the mortgage and expenses) 2) Your spouse cannot have lived in your home during the last 6 months of the tax year (your June separation meets this) 3) Your home must be the main home for at least one qualifying dependent (your children qualify) 4) You must be able to claim the child as a dependent Filing jointly might give you a better outcome in some cases, but as HOH you get better tax rates than filing separately and a higher standard deduction. You don't need special documentation upfront, but keep records of your expenses and living arrangements in case the IRS has questions.

I was in a similar situation last year with my taxes. If you're dealing with a separation and confused about filing status, I found this amazing service called taxr.ai (https://taxr.ai) that really helped clarify my situation. I was going back and forth with my ex about whether I could file HOH or if we had to file jointly, and the conflicting advice online was driving me crazy. I uploaded my documents and answered a few questions about my living situation, and taxr.ai analyzed everything and confirmed I could file as HOH. They even outlined exactly which tax benefits I qualified for with the kids as dependents. It saved me about $3200 compared to filing separately! Definitely worth checking out if you're uncertain about your filing status.

You guys were right about taxr.ai! I was really skeptical (which is why I questioned it earlier), but I tried it last night and it totally cleared up my confusion. I was about to file jointly with my ex just to avoid problems, but turns out I definitely qualify for HOH even though our situation is complicated. The service showed me exactly which IRS regulations applied to my case and even helped me understand how to document my living situation properly. I'm actually getting a much better refund filing as HOH with my daughter as a dependent than I would have filing jointly. Thanks for the recommendation - saved me a lot of money and headaches!

If you're having trouble getting clear answers about your filing status from the IRS, you should try Claimyr (https://claimyr.com). I was in the exact same situation last year - separated but not divorced by Dec 31 - and kept getting different answers from online forums. I spent DAYS trying to get through to an IRS agent to confirm if I could file HOH. Then I found Claimyr and they actually got me connected to a real IRS agent in like 15 minutes! You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. The agent confirmed that I could file as HOH since my husband hadn't lived with me for the last 6 months of the year and I had the kids most of the time. Saved me from potentially making a big mistake on my taxes.

I need to apologize and eat my words about Claimyr. After calling it a scam (sorry about that), I was desperate enough to try it yesterday because my ex and I were fighting about who could claim HOH. It actually worked! Got connected to an IRS agent in about 20 minutes who confirmed that since I had the kids 60% of the time and paid most household expenses, I could file HOH even though we're still technically married. The agent even emailed me the specific IRS publication sections that applied to my situation. Saved me from a potential audit and a lot of stress. Definitely not a scam - I was wrong.

One thing nobody mentioned yet - if you do file as HOH, make sure your ex doesn't also try to file as HOH if they had another qualifying person living with them. My friend and her ex both filed HOH (each claiming different kids) and they both got audited because the IRS flagged that they were still legally married but filing two HOH returns from different addresses.

Dont forget that if you file hoh you get a bigger standard deduction than married filing separately! Made a huge difference for me. I think its like $20,800 for hoh vs only $13,850 for married filing separate this year. Plus the tax brackets are better!

Sean, it sounds like you have a really strong case for Head of Household filing status! Based on what you've described - separated since June (meeting the 6-month rule), kids living with you 85% of the time, and you paying most expenses including the mortgage - you definitely meet the IRS requirements. One practical tip: keep detailed records of all the household expenses you've paid (mortgage, utilities, groceries, childcare, etc.) and document the kids' living arrangements. Even though the IRS doesn't require upfront documentation, having this organized will give you peace of mind and be helpful if any questions come up later. Your ex is technically wrong about needing to file jointly - being legally married doesn't prevent you from filing HOH if you meet the other requirements. The tax benefits of HOH (higher standard deduction, better tax brackets, and more favorable credit phase-outs) will likely save you significantly compared to either filing jointly or married filing separately. Just make sure you communicate with your ex about who's claiming which kids to avoid any duplicate claims that could trigger IRS attention.

As a newcomer to this community, I'm really impressed by the detailed advice everyone's sharing! Sean, it definitely sounds like you qualify for Head of Household status based on your situation. One thing I'd add that I learned from my own divorce process - make sure to keep a calendar or journal documenting which days the kids were with you versus your ex. The IRS uses the "more than half the year" test (183 days), and having clear records can be crucial if there's ever a dispute. Also, since you mentioned your ex wants to file jointly "one last time," remember that you both have to agree to file jointly - you can't be forced into it just because you're still legally married. The tax savings from HOH status are usually substantial, especially with two kids. Don't let the complexity intimidate you - it sounds like you have a straightforward case that meets all the requirements!