Cecily Zamora
Whether you are married, single, or in a common-law marriage, your filing status is important to get right on your taxes. In the United States, your filing status is used to determine whether you must file a return, your standard deduction, and the correct tax. It may also be used in determining whether you can claim certain other deductions and credits. So, can you file as single if you are in a common-law marriage?
| Characteristics | Values |
|---|---|
| Can you file single if you are common-law married? | No, you cannot file as single if you are married. However, there are some exceptions to this rule, such as if you are a widow(er), legally separated, or divorced. |
| Filing options for married couples | Married couples can choose to file jointly or separately. In most cases, it is more beneficial to file jointly as many tax benefits are unavailable when filing separately. |
| Filing options for common-law married couples in community property states | In community property states, each spouse is considered to own 50% of all shared property acquired during the marriage. If filing separately in these states, each spouse must report half of their combined marital income with deductions taken out on their federal return. |
| Filing options for single individuals | Single individuals, including those who are divorced or legally separated, can file as single or, in some cases, as head of household. |
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What You'll Learn
Common-law marriage in Alabama
In Alabama, common-law marriages are recognized if they began before January 1, 2017. This means that if a couple was living under a valid "common-law marriage" arrangement before this date, they are still classified as "married" if they have presented themselves openly as "husband and wife." Common-law marriages are just as legally binding as ceremonial marriages in Alabama and can only be ended by divorce or the death of one of the spouses.
To prove a common-law marriage, individuals may have to provide evidence of their union to inherit, receive insurance benefits, Social Security Survivor's Benefits, or pension benefits. The easiest way to do this was previously by obtaining an affidavit of common-law marriage—a notarized statement giving each spouse's consent to have their relationship recognized as such. However, since the abolition of common-law marriages in 2017, couples in long-term committed relationships who wish to be legally married must complete an Alabama Marriage Certificate and an affidavit that confirms that each spouse:
- Is at least 18 years of age or between 16 and 18 years of age with parental or guardian consent
- Has the mental and legal capacity to enter into a marriage
- Is not related to the other spouse in a way that would violate the state's incest laws
- Wants to enter into the marriage of their own free will and not under duress or coercion
It is important to note that Alabama is not a community property state. This means that if a married couple files separate returns, each spouse must report only their own income, exemptions, deductions, and credits. They are responsible only for the tax due on their return and are entitled to a $1,500 personal exemption for the filing status of "Married Filing a Separate Return." If filing jointly, the personal exemption amount increases to $3,000.
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Filing jointly vs separately
When it comes to filing taxes, there are several options available, and the right choice depends on your circumstances. If you are in a common-law marriage, you are generally required to file as either "Married Filing Jointly" or "Married Filing Separately". Being married, you are not able to file as single unless you are legally separated or divorced, or until the tax year following a spouse's death.
Married Filing Jointly
When filing jointly, you and your spouse combine your incomes, deductions, and credits on a single tax return. This means that you will both be responsible for any taxes, interest, or penalties owed to the IRS. Filing jointly typically results in more tax benefits and a lower tax bill. For instance, joint filers are more likely to be eligible for credits such as the Child and Dependent Care Credit, and they generally receive higher income thresholds for certain tax breaks. In 2024, the standard deduction for married couples filing jointly was $29,200, increasing to $30,000 in 2025.
Married Filing Separately
If you file separately, you and your spouse each submit your own tax return. You are only responsible for the taxes due on your individual return, and you can only take deductions or credits that you qualify for individually. In 2024, the standard deduction for married couples filing separately was $14,600, increasing to $15,000 in 2025. While the total of these two separate deductions equals the joint filing amount, there can be a significant difference when one spouse earns all or most of the family income.
When to Choose Each Option
While filing jointly is often the more beneficial option, there are certain circumstances in which filing separately may be more advantageous. For example, if you or your spouse has large medical expenses, filing separately may allow you to surpass the IRS's threshold to deduct these costs. Additionally, if you are subject to the Alternative Minimum Tax (AMT) on a joint return, filing separately might be preferable. On the other hand, if only one spouse has taxable income, filing separately may result in higher taxes than if you filed jointly.
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Single filing status
The single filing status is reserved for taxpayers who are unmarried, divorced, or legally separated under a divorce or separate maintenance decree governed by state law. If you are married, your filing status is either married filing a joint return or married filing a separate return.
In most cases, it is more beneficial for married couples to file jointly, as many tax benefits are unavailable for separate returns. These include the exclusion of interest on Series EE or I U.S. Savings Bonds used for higher education expenses and the deduction for losses from rental real estate passive activities with active participation. However, there are certain situations where it may be better for married couples to file separately. For example, if the spouse with the smaller income paid most of their medical bills, it may be more advantageous for them to file separately, as they can claim these medical expenses on their taxes. Additionally, if you are subject to the Alternative Minimum Tax (AMT) on a joint return, you may benefit from filing separately.
It is important to note that if you are legally separated, you need to obtain a court order to officially separate. This allows both parties to remain married while having separate housing, finances, assets, and child custody. While it is usually not possible to file as single if you are married, there are a few exceptions. These include if you are a widow or widower, legally separated, or divorced.
In the state of Alabama, which recognizes common-law marriages, you can file a joint return if you and your spouse were married and living together on December 31. If you were unmarried or separated from your spouse by divorce or separate maintenance decree on December 31, you would use the filing status of "Single."
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Head of Household filing status
Even if you were legally married at the end of the year, you may be able to file as Head of Household if you meet certain qualifications. For example, if you and your spouse were separated for the last six months of the tax year, you may be considered unmarried. In this case, you would not be able to claim the credit for childcare expenses or the earned income tax credit, as these credits require married taxpayers to file a joint return.
Head of Household filers typically claim a larger standard deduction than taxpayers filing as Single or Married Filing Separately, resulting in lower tax rates. However, the standard deduction for Head of Household is less than that for Married Filing Jointly. As such, if you are married, filing jointly with your spouse may be more beneficial, as it also has the advantage of only requiring one income tax return.
Overall, the Head of Household filing status is designed to help single persons with dependents, but in some cases, married persons can claim this status if they meet the criteria for being considered unmarried.
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Tax deductions and credits
If you are in a common-law marriage that is legally recognised in the state where it began, you can choose a married filing status. However, you cannot file as a single person. As a married couple, you can choose to file jointly or separately.
Married Filing Jointly
When filing jointly, you can take advantage of certain tax credits and deductions. The standard deduction is higher for married couples filing jointly, reducing your taxable income. For example, in 2024, most couples under 65 can expect a standard deduction of $29,200, increasing to $30,000 in 2025. Filing together also means you can earn more and still qualify for certain tax breaks, like IRA contributions and education credits.
Married Filing Separately
Married filing separately is ideal if both spouses want to keep their tax liabilities separate. However, you miss out on several tax credits and deductions meant for married couples, such as the earned income tax credit and the American Opportunity Tax Credit. The standard deduction for married couples filing separately in 2023 is $13,850. When filing separately, both spouses must take deductions in the same way. For example, if one spouse itemises deductions, the other must do the same.
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Frequently asked questions
No, you cannot file as single if you are common-law married. You can only file as single if you are unmarried, divorced, or legally separated.
Common-law marriage is a marital property law where each spouse is considered to own 50% of all shared property acquired during the marriage. It is also known as a community property state.
If you are common-law married, your filing options are either "Married Filing Jointly" or "Married Filing Separately".
When filing jointly, many tax benefits are available that are not offered when filing separately. For example, some common tax credits and deductions are unavailable on separate returns, such as the exclusion of interest on Series EE or I U.S. Savings Bonds used for higher education expenses.
