Whether you are legally separated or are living apart informally, you can still prepare a joint return. You can even do it if you’ve actually filed for divorce, as long as the divorce isn’t final as of Dec. 31 of the tax year [source: Bird]. However, just because you can file a joint tax return doesn’t mean you should.

Is it illegal to file jointly if not married?

However, since the IRS only allows a couple to file a joint tax return if the state they reside in recognizes the relationship as a legal marriage; unmarried couples are never eligible to file joint returns. Even if your wedding is on December 31, the IRS will consider you as being married for that tax year.

Can a single person file a joint tax return?

Here’s a list of the five filing statuses: Single. Normally this status is for taxpayers who aren’t married, or who are divorced or legally separated under state law. Married Filing Jointly. If taxpayers are married, they can file a joint tax return. If a spouse died in 2016, the widowed spouse can often file a joint return for that year.

What’s the legal status for filing a single tax return?

Here’s a list of the five filing statuses: Single. Normally this status is for taxpayers who aren’t married, or who are divorced or legally separated under state law. Married Filing Jointly. If taxpayers are married, they can file a joint tax return.

Can a divorced couple file a joint tax return?

If on that day you are divorced or legally separated BY DECREE or JUDGMENT, you cannot file jointly. As an FYI, you will need two married people to file jointly AND both have to… The answer is very simple: under the facts as you’ve described them, no, you wouldn’t be allowed to file a joint return with your estranged wife.

Can a Head of Household file a joint tax return?

If you have an interlocutory decree, you can file either a joint or separate married return, but you can’t file a single return. The head of household option is available to taxpayers who are unmarried or considered unmarried if they pay for more than half their household expenses during the year and if a dependent lives with them.