Martial Status - Separated

3 years ago I received a legal separation from my husband and I filed as single for the past 2-3 years. Last year we started living together again but are still separated. Can I still file as single? He is on social security and has no other income.

According to IRS Pub. 17, "Your Federal Income Tax (http://www.irs.gov/pub/irs-pdf/p17.pdf)" (PDF, 1770 KB), "state law governs whether you are married or legally seperated under under a divorce or seperate maintenance decree." So as long as the state says you are seperated, you may file a "single" return. However, if you have a child or other dependents, you may NOT file "head of household" becuase your seperated spouse lives with you.