If you are married and decide not to file a joint return with your spouse, you must file Married Filing Separately.

There is, however, one exception to this rule: A married taxpayer can be considered unmarried by law, if he/she maintains a household for a child, and the spouse was not a member of the household for the last six months of the taxable year. Such a taxpayer would not be required to file MFS, but will be able to file as Head of Household.

Although filing a joint return generally produces lower taxes, the opposite is sometimes the case, and to maximize the tax advantage in such circumstances, married couples may decide to file separately for a particular year. Married taxpayers, therefore, have the Read More

The general rule for married taxpayers filing their tax returns is that they can only file Married Filing Jointly (MFJ) or Married Filing Separately (MFS). There is, however, a very important exception to this rule. If you are married and separated from your spouse, under tax law you may be considered unmarried if certain conditions are met. This means that you could qualify to use the Head Of Household filing status instead of MFS, and will not be subject to the disadvantages associated with the MFS filing status.

Under tax law, you can be considered unmarried if you meet all the following tests:

• Obviously, you must intend to file a separate return from your spouse.
• You must have paid more than half the costs of keeping up a home for the tax year. Read More