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Filin status for seperated couple in Pennsylania

shoover
Level 3

Can a couple in Pennsylvania that separated in Oct use the single filing status. They have 5 children. The Wife is going to claim 3 of the children and the Husband is going to claim the other two. They do not want to file jointly. If they file separate Earned Income Credit will be lost

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Accountant-Man
Level 11

Separation agreement can work, but only if it is signed by a judge. Signed by the parties isn't good enough.

** I'm still a champion... of the world! Even without The Lounge.

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Just-Lisa-Now-
Level 15
Level 15

No, they are not Single, and nobody can claim Head of Household since they didnt live apart over 6 months.    Its MFJ or MFS, those are your choices.


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
shoover
Level 3

Even if they have a signed separation agreement? I know in some states the IRS would consider the couple unmarried with that agreement and I know the rules are different from state to state. Not sure if that is the case in Pennsylvania.

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Accountant-Man
Level 11

Separation agreement can work, but only if it is signed by a judge. Signed by the parties isn't good enough.

** I'm still a champion... of the world! Even without The Lounge.

View solution in original post