Can my wife file married seprataed and claim our 3 children if we just split up on Jan 9th? 2010. We never signed a sepratation agreement, although I was living at my mothers, I was under the impression we were working it out and she had an affair. We has agreeded to file jointly, and now that I asked that she stop taking the kids to his house and sleeping there she said she was going to file married separated. Can she do this? I was going to file married head of household and claim everyone since we were living together for more then half the year. Or can I file married separated and claim my children, since we weren’t split till Jan 9th.

What happens if we both claim our children? At the moment she has taken the kids with her and refuses to let them see me.


Your wife can file “married filing separately” and if the children have resided primarily with her, she may claim them as well.