subject: Who Gets To File As Head Of Household After Divorce [print this page] Who Gets To File As Head Of Household After Divorce
Copyright (c) 2011 Jerry CohenFiling your tax returns as "Head of Household" typically results in a lower tax rate compared to filing as married filing separate or single. It is in your best interest to determine each party's filing status during the settlement process. Couples sometimes mistakenly believe that claiming a child as a dependent entitles them to file as Head of Household. This is not necessarily true. To qualify you must meet the following requirements:- You must be unmarried (divorced or legally separated) at the end of the year, or live apart from your spouse during the last six months of the year
- You must file a separate tax return- You must qualify to be able to claim an exemption for your child - Your child must have been in the custody of one or both parents for more than one-half the year- Your child must have received over one-half of their support from their parents You do not need to claim a dependent to file as Head of Household. This means that even if you allow your ex-spouse to claim your child as a dependent, you may still qualify to file as Head of Household. IRS tax form 8332, a signed declaration and copies of certain pages from your divorce decree or settlement agreement may have to be attached to your tax return.Generally, the Head of Household filing status is determined by your custody arrangement. The parent who has the children more than 182 nights, which is more than one half of the year, can claim the Head of Household filing status. The only way that both parents can claim Head of Household is if they have more than one child and at least one child lives with each parent. You should begin early in the divorce process working through the issues related to how taxes will be file in the future. This can be very complex and you should be sure to consult with a professional.The information in this article is of a general nature is not intended to provide tax advice specific to your circumstances. You should consult with a family law attorney and a tax professional before making any decisions concerning tax filing status, as well as all other issues related to your divorce.
