Federal Filing Status

My year-and-a-day of separation will be complete on November 28 and I plan to file for my absolute divorce that day. As such, it is nearly impossible that the divorce will be heard and granted before the end of the year. Will I have to file as married for 2016 even though we are legally eligible to be divorced, and are simply waiting for the necessary actions to take place? We have a notarized separation agreement, including a defined alimony arrangement, that we have been complying with since the separation last November, however, that agreement has not been filed as a court document.

What about “Head of Household”?

You will have to file your taxes as married (jointly or separately) since you have been legally married in 2016, albeit separated.

You may be able to file as head of household if you meet several requirements, including paying for more than half of your household costs and if your home is your primary residence.