How do I know if I am legally separated?
Anyone can separate at any time for any length of time and no court involvement is needed. If you and your spouse are living in two different residences, you are separated. A legal separation occurs when the court formally declares you are separated.
What classifies as legally separated?
A legal separation is a court-ordered agreement in which a married couple lives separate lives, usually by living apart. The separation court order may specify financial obligations, child custody and visitation agreements, and child support.
Are you single if legally separated?
If youre legally separated – and not all states recognize this concept – you can file as a single taxpayer even if youre not divorced by December 31. In this case, the IRS accepts your decree of separation as sufficient proof that your marriage has ended.