Your Life

Your Life

Major life milestones often have a major tax impact. Changes in your marital status, having a baby or adopting a child can have significant impact on your taxes. This is the place to ask questions about dependents, real estate, and other various scenarios that play a significant role in what taxes you pay.

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Pioneer
Posts: 1
Registered: ‎12-22-2017

divorced but living together

divorce was finalized in October 2017 but spouse was and is still living in the same household until financially able to move out on own. I was given primary custody of the 2 children and provide all of their medical and financial needs. how do we file?

Trusted Council Member
Posts: 6,191
Registered: ‎02-23-2016

Re: divorced but living together

Hi tweetysweetie,

 

 

 

Welcome to the H&R Block community.

 

Because your divorce was finalized in October you both file as single taxpayers.

 

However, because you provide the support for you kids the head of household filing status may apply to you.  You may file as a head of household (which will benefit you more than filing single) if:

 

  1. you have a qualifying child or you have a qualifying relative who is related to you
  2. you paid more than 50% of the upkeep costs of your household (rent or mortgage, utilities, repairs, insurance, food)
  3. you paid the upkeep costs of your household for the entire year

 

A qualifying child is one who:

  1. lived with you for more than six months out of the year
  2. is related to you
  3. is under age 18, or under age 24 and in school full time
  4. did not file a joint return with another taxpayer
  5. provided less than 50% of his or her own support
  6. is not the dependent of another taxpayer

 

A qualifying relative who is related to you is one who:

  1. earns less than $4,050 for the entire year
  2. did not file a joint return with another taxpayer
  3. is not the dependent of another taxpayer
  4. receives more than 50% of their support from you

 

You may be able to claim your ex-spouse as a qualifying relative if you provided for him this year in addition to your kids.  He of she would have to have lived with you for the entire year in order to qualify under the qualifying relative rules since he is unrelated to you.

 

 

If you have any other questions I'll be glad to help.

 

Louis,

Senior Tax Advisor (Tampa, FL)

Highlighted
Tax Pro
Posts: 1,445
Registered: ‎09-04-2014

Re: divorced but living together

With the information you provided,  it appears the children meet the qualifying child requirements for both of you, I suggest that both of you make an appointment together with a tax professional to help you decide which way to file so that you receive the biggest refund(s) possible. 

 

BettyB
Sr. Tax Analyst