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  1. #1
    Join Date
    Jan 2011
    Posts
    7

    Default Can I Take Dependent Deductions for Spouse and Child After Separation

    Currently my wife is living in the states while I'm stationed overseas. We separated in late august. we had a child together in October and I send them a generous amount of money each month to cover expenses. we are still married no papers have been filed, can I claim both my child and spouse as a dependents on my taxes?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can I Take Dependent Deductions for Spouse and Child After Separation

    Quote Quoting otherwayplz
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    Currently my wife is living in the states while I'm stationed overseas. We separated in late august. we had a child together in October and I send them a generous amount of money each month to cover expenses. we are still married no papers have been filed, can I claim both my child and spouse as a dependents on my taxes?
    A spouse can never be claimed as a dependent. A joint return can be filed with a spouse, but only if the spouse specifically agrees to file a joint return.

    Since you have never lived with the child, if your spouse files a separate return and claims the child, under the tiebreaker rules your spouse would be awarded the exemption.

    Most likely it would be in your best interest to negotiate with your spouse regarding filing a joint tax return. Otherwise you would both have to file as married filing separately which is unlikely to produce good results for either of you.

  3. #3
    Join Date
    Jan 2011
    Posts
    7

    Default Re: Can I Take Dependent Deductions for Spouse and Child After Separation

    well she can't file because she didn't work, and she refuses to negotiate.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can I Take Dependent Deductions for Spouse and Child After Separation

    Anybody *can* file even if they aren't required to. As stated, as long as she isn't filing separately and is willing you can file jointly and that is the only way you are getting the exemption for the kid. Otherwise, you're out of luck.

  5. #5
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Can I Take Dependent Deductions for Spouse and Child After Separation

    If your travel overseas is temporary for business, then you could still be considered to live in the home and then the child would be considered to have lived with you for more than half the year, and meets the definition of a "Qualifying Child" under IRS rules. So you could potentialy claim the child as your dependent, and since your wife did not work she will obviously not be filing a return so no tie breaker rule will apply. Your filing status is still Married Filing Separately. If your wife had zero income and cannot be claimed on someone else's return then you can also take a spousal exemption for her on your return by checking box 6b. You will have three total exemptions on your return. If your move from the home is permanent, then you can't claim the child since it did not live with you over half the year. Will your wife sign a form 8332 agreeing not to claim the child?

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