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Unmarried

You are "unmarried" for purposes of the "head of household" filing status if, as of December 31 of the relevant year:

  • You are divorced under a final divorce decree; or
  • You are legally separated under a final decree (mere custody and support orders are not enough); or
  • You are married, but from July 1 through December 31 you lived separately from your spouse, you file separate tax returns, and you maintain a household for more than half the year for a dependent child, stepchild or adopted child; or
  • Your spouse was a nonresident alien during any part of the year and you do not elect to file a joint return reporting your joint worldwide income.

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Last Update Dec 22, 2008
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