Parents Are Seperated At The End Of Yr -- In Dec.
Can One Parent Claim Hoh
Can One Parent Claim Hoh
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divorced or legally separated
Not unless they are divorced or legally separated. -
With HOH, the spouse cannot have lived in the home during the last half of the year. I am not sure, but I don't believe even legal separation will overcome that rule.Comment
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MFS or MFJ
Since the parents are still legally married, and have not been apart for more than 1/2 of last year, there are two options:
1. MFS
2. MFJ.
What we do is attempt to talk to one of them and explain the value of filing MFJ. If it's an ugly split, MFS, but you need SSN info on the other spouse. Tell them "good luck with finalizing the divorce."
TJRComment
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The rule is
>>I don't believe even legal separation will overcome that rule<<
Technically the rule is legally divorced/separated **OR** lived apart last six months. The problem is that legal separations are practically non-existent in these no-fault days. Usually they have an inter-locutory or some other temporary/transitional status, which doesn't work for HoH.Comment
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