Tax Facts

8506 / What does it mean to be considered unmarried for purposes of determining filing status?

An individual who is legally married may nonetheless be considered unmarried if the individual meets all of the following requirements:
Taxpayer filed a separate return;

Taxpayer paid more than half the cost of maintaining the home for the tax year;

The other spouse did not live in the home during the last six months of the tax year;

The home was the main abode of the individual’s child, stepchild, or foster child for more than half the year (except for temporary absences);

Taxpayer satisfies the criteria for claiming the child as an exemption (or, prior to 2018, could not claim the exemption because the exemption was transferred to the non-custodial spouse). Note that the exemption itself was suspended for 2018-2025.1


1. IRS Publication 17.

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