[Love being on higher grounds]

H wants to file married, separately, H and R block says the same...opinions please!!

thanks,
L

[unbroken]

How did you file last year?
If you are working on reconciling, seems you would want to do whichever lowers your taxes the most.

[Mamma Bear]

  LoveBeingOnHigherGrounds and Love isn't weakness, Me and H are filing together as that gets a huge return every year.  I'm like a pack rat! He always signs and I get the $$. If he behaves himself I might throw him some.    It mostly comes from me getting too much taken out. He's a sheep at this point. If I smile I get whatever I want, except him to come home and not live at a weird stranger's house.   

[LisaLives]

I would file married, separately, but remember you can claim HOH--head of household status and claim the kids as exemptions if they live with you more than 50% of the time.  If he fights you, have them do it both ways, to see what works out best. 

[Synicca]

if you work and your H didn't live with you 6 months out of last year, file head of household...how many kids do you have? you can split kids...file with one, married separate.

That will give YOU alot of money back...depending on HOW you have always filed...long form? or short?

we are filing married separated...as I have been on assistance...he wont be able to claim me..BIG money cut for him! oh well!

[Buggy31]

I didn't know you could file married seperated.  H and I got the first time home buyers credit in 2010.  He left the property and changed his address  .  When I talked to the IRS..anonmously...they told me that if they find out then H will have to pay the IRS $4000.  For this reason I don't want to be connected to his return because I don't want them taking any of my return.  I could file HOH and get earned income credit.  It would result in a slightly less return but would assure that we are seperated in filing taxes...Maybe filing married seperated would be the same and I could still get a bit more.  If I file HOH and claim all three kids H will be in big trouble...might owe..not sure..but last year he would of...when he found out he was much more cooperative with me...I don't know...any advice.

[Mamma Bear]

LIW, Oh No They don't care. IRS is mlc?  Empathy-less! 

[StillStanding]

I am not a tax attorney or accountant, but here is my take:

If you're going to want the best possible return on your taxes, you'll probably want to file married jointly. This would be especially true if you are still living together. The downside is, you will probably have to split whatever money you get back with your spouse, assuming you don't arrange otherwise.

If you have been living apart, with separate finances, for most or all of 2011, then married filing separately would make more sense. It has the added benefit of being another one of those "truth darts" for your MLCer. However, your tax rate is going to be about the same as if you filed as single, so the amount of taxes you pay will go up; that will reduce your refund or increase the amount you owe.

(The above advice does not take into account things like owning a business, money earned from investments, rental properties, etc. At that point, hopefully you have an accountant who can help you make the best decision.)

[Phoenix]

Is there a legal reason that a separated (physically, but not legally) couple cannot file married jointly? H moved out a year ago, but has continued supporting me as a full-time homeschooling parent. We have pretty much kept everything the same as it was previously with the exception of him living at a friend's. We have not filed anything towards a legal separation or divorce though he is headed in that direction now that OW's divorce is final.
Phoenix

[StillStanding]

That would be a good question for an accountant, but I don't see why you can't file jointly. You're living apart but your expenses are still combined.

There's no legal reason I'm aware of why you would have to file jointly or separately as long as you are still legally married. Some people file separately when there is a huge disparity in income because it offers some tax advantages.

(Again, I'm not an accountant or a tax attorney so if you're really concerned, I would check with either of those. Some places offer no-cost tax advice as well.)