Contact Us Today 951-715-4632

Cullen Family Law Group
  • Home
  • About
  • Attorneys
    • Heather M. Cullen, CFLS
    • Alexandria Jaquay, CFLS
    • Da Nikka Huss
  • Services
    • Family Law
    • Divorce
    • Child Custody & Visitation
    • Child Support
    • Domestic Violence
    • Estate Planning In Divorce
    • Guardianship & Adoption
    • Legal Separation
    • Military Divorce
    • Property Division
    • Spousal Support
  • Family Law FAQ
  • Testimonials
  • Blog
  • Media
    • Articles
    • Videos
    • California Certified Family Law Specialists
  • Contact
Cullen Family Law Group
  • Home
  • Firm Overview
  • Attorney Profiles
    • Heather M. Cullen, CFLS
    • Alexandria Jaquay, CFLS
    • Da Nikka Huss
  • Practice Areas
    • Family Law
    • Divorce
    • Child Custody And Visitation
    • Child Support
    • Domestic Violence
    • Guardianship & Adoption
    • Legal Separation
    • Military Divorce
    • Property Division
    • Spousal Support
  • Client Recommendations
  • Blog
  • Media
    • Articles
    • Videos
    • California-Certified Family Law Specialists
    • Video Center
  • Contact
  • x Close
EMAIL

CALL

Fast. Fair. Thorough.

Who files as head-of-household after a divorce?

On Behalf of Cullen Family Law Group | Feb 6, 2023 | Divorce |

If you are separated or divorced from your child’s other parent, it is likely you will want to file your federal income taxes as head of household. This filing status has many benefits for parents. But if you are divorced, only one of you can claim this filing status.

Tie-breaker rules when you cannot agree

Of course, if you and your child’s other parent can come to an agreement on your own as to who will claim your child as a dependent for the purpose of filing as head of household, this is often for the best. The Internal Revenue Service (IRS) tends to honor such arrangements.

But the IRS will not let both of you claim the child as a dependent for the purpose of filing as head of household. So, there are tie-breaker rules in place for determining which of you can claim this benefit.

If you are divorced from your child’s other parent, the IRS will allow the parent with whom the child lives with the majority of time to claim the child as a dependent for the purpose of filing as head of household. Generally, this is the parent who has sole physical custody of the child.

If you are divorced from your child’s other parent, and your child lives with both of you an equal amount of time, the IRS will allow the parent with the greater adjusted gross income to claim the child as a dependent for the purpose of filing as head of household. Generally, this is the case if you share joint custody equally.

Benefits of filing as head of household

There are benefits to filing as head of household post-divorce. Providing you are eligible, you can claim a larger standard tax deduction than you could if you were filing as a single individual.

Filing as head of household also improves your chances of qualifying for other tax credits and economic impact payments related to parenthood. Filing as head of household can really help you out financially, especially if you have a lower annual income.

If you and your child’s other parent can agree on which of you will file as head of household post-divorce, it can save a lot of stress come tax time. And keep in mind, if you cannot come to an agreement, the IRS will do it for you.

Recent Posts

  • What Happens at a Family Court Hearing in California?
  • Do You Need a Lawyer for Divorce in California?
  • How to Modify a Child Custody Order in California
  • Temporary vs Permanent Spousal Support in California

Categories

  • Child Custody
  • Child Support
  • Custody & Visitation
  • Divorce
  • Domestic Violence
  • Family Law
  • Firm News
  • Legal Process & Timelines
  • Military Divorce
  • Property Division
  • Same – Sex Couples & Divorce
  • Spousal Support

Archives

RSS Feed

Subscribe To This Blog’s Feed

Find Out How We Can Help You.

Call 951-715-4632, chat with us, or request a consultation below.

Riverside Office

4094 Chestnut Street
Riverside, CA 92501
951-715-4632

Fax: 951-715-4601

Riverside Office
Cullen Family Law Group

Temecula Office

28465 Old Town Front Street
Suite 321
Temecula, CA 92590
951-715-4632

Fax: 951-715-4601

Temecula Office
Review Us
  • Follow
  • Follow
  • Follow
  • Follow
Pay Invoice

We accept Visa, MC, Discover, AMEX & E-checks.

© 2026 Cullen Family Law Group • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw