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The Daily Insight

What is your marital status if you are separated?

Author

Emma Jordan

Published Apr 03, 2026

Separated: You’re legally married but you’ve been living apart from your spouse for any period of time due to a breakdown in the relationship.

Are you considered single if you are separated?

If you’re legally separated – and not all states recognize this concept – you can file as a single taxpayer even if you’re not divorced by December 31. In this case, the IRS accepts your decree of separation as sufficient proof that your marriage has ended.

Separated: You’re legally married but you’ve been living apart from your spouse for any period of time due to a breakdown in the relationship. There are no tax implications whether you choose “Separated” or “Single” after the breakup of a common-law relationship.

Legally separated filing options If tax law considers you “unmarried” because you got a decree of separation maintenance prior to December 31, you can file with “single” or “head of household” status. “Head of household” requires you to have a dependent and pay at least half of the expenses needed to maintain a home.

Do you have to file a separate tax return if you are still married?

Here’s where it gets a little more complicated. You’re not necessarily limited to filing a joint married or separate married return if the IRS says you’re still married. Nor must you absolutely file a single return if you’re technically divorced. You might qualify for another filing status: head of household.

How to split the tax refund when a married couple files?

That will give you a fair percentage. Then take the actual refund, calculated as MFJ and divide. You may find that one spouse would have a tax payable instead of a refund. Whoops. Now Spouse 1’s refund as compared to the total is actually greater than 100%.

When to file joint tax return with divorcing spouse?

Looking at the facts as they were in February of 2014 and past practice Judge Wherry ruled that it was reasonable for Robin to think Terry had consented to a joint filing in February. So no accuracy penalty. The main tax principle in this case is that even though many people think otherwise joint returns are not mandatory.

What is the standard deduction for Married Filing Jointly?

Your standard deduction is $12,400 in 2020 if you file a separate married return, up from $12,200 in 2019. Keep in mind that the 2019 deduction applies to the tax return you’ll file for that year. This is the same as the standard deduction for single filers. The standard deduction for those who are married and filing jointly is $24,800 in 2020.