Discussion:Spouse won't sign
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Discussion Forum Index --> Tax Questions --> Spouse won't sign
| 24 March 2006 | |
| I have a client who has been separated from her spouse since May 2005. She is in the process of finalizing her divorce in April 2006. She wants to file as MFJ because this would save her over $1,500 compared to HOH. Her spouse's only income is from Social Security. Her spouse suffers from bi-polar and refuses to sign the MFJ return even though he would be required to pay taxes if he files MFS. He recently did not show up to a court hearing for the divorce and is living as homeless and no address. Does anyone have any suggestions or recommendations on this situation? Thanks! | |
| 24 March 2006 | |
| From Publication 501
Considered Unmarried To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests. You file a separate return. You paid more than half the cost of keeping up your home for the tax year. Your spouse did not live in your home during the last 6 months of the tax year. Your home was the main home of your child, stepchild, or eligible foster child for more than half the year. You must be able to claim an exemption for the child. | |
| 25 March 2006 | |
| If the spouse doesn't agree can not file as MFJ. If a child is involved may be eligible to file as a HOH with all the conditions told by Mstax. Otherwise MFS is the only option. | |
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