State law governs whether you are married or legally separated under a divorce or separate maintenance decree.
For a Widow(er).
Your filing status
may be single if you
were widowed before
January 1, and did
not remarry before
the end of of the
year. However, you
might be able to use
the Head of
Household filing
status that may give
you a lower tax. ie;
Widow(er) With
Dependent Child.
You can file Form
1040EZ (if you have
no dependents, are
under 65 and not
blind, and meet
other requirements),
Form 1040A, or Form
1040, show your
filing status as
single by checking
the box on line 1.
Use the Single
column of the Tax
Table, or Section A
of the Tax
Computation
Worksheet, to figure
your tax.
Federal Defense of Marriage Act of 1996 defined marriage as, a legal union between one man and one woman as husband and wife. The word spouse refers only to a person of the opposite sex who is a husband or a wife.
Domestic Partners are Considered Unmarried
Domestic partners should consult an experienced tax professional for advice when filing their federal and state tax returns.
Head of Household status will provide more tax benefits than claiming single
in some cases (IRS Publication 501, "Single").
State law governs whether you are married or legally separated under a divorce or separate maintenance decree.
If you are unsure of the legality of your spouses income or income statements, it is advised to file separately to reduce your liability from the other spouses actions. Married taxpayers can choose between filing a joint tax return or a separate tax return. The Married Filing Separately filing status provides fewer tax benefits than filing joint returns.
