Can I claim my unmarried partner as a dependent?

Asked by: Abbie Cruickshank  |  Last update: June 3, 2025
Score: 4.4/5 (71 votes)

Under specific circumstances, one partner in an unmarried couple can claim a cohabiting partner as a dependent and qualify for a tax break. The IRS defines dependents as either close relatives or unrelated persons who live in the taxpayer's household as the principal place of abode and supported by the taxpayer.

Can my partner claim me as a dependent if we are not married?

If you're not legally married, you can't file as married and you can't claim her as your spouse. You can claim her as an adult dependent only if she hasn't earned more than $4050 in taxable income. Her pregnancy makes no difference.

How much can I get for claiming my girlfriend as a dependent?

Yes, there is a Credit for Other Dependents worth up to $500 for qualifying adult dependents, including your girlfriend. This credit is non-refundable and applies if she meets the dependency criteria.

Can I claim my girlfriend on my taxes if she doesn't work?

Yes, as long as she doesn't claim herself on her own tax filing. The IRS has an online tool you can use to determine if you can claim someone as a dependent. To claim anyone as a dependent you must be either a citizen or a resident somewhere in the US for the entire year.

How do I file taxes if I live together but not married?

You usually must be married to file together. However, if you are non-married but want to file a joint return, it is possible you can use married filing jointly if you're considered married under a common law marriage recognized by either of these: The state where you live. The state where the common-law marriage began.

Can I claim my unmarried partner as a dependent?

40 related questions found

How to file taxes if married but living separately?

Married Filing Separately

If you and your spouse file separate returns, you should each report only your own income, deductions, and credits on your individual return. You can file a separate return even if only one of you had income. Community or separate income.

How to claim a domestic partner as dependent?

What are the requirements for claiming my significant other as a dependent?
  1. You must live together. ...
  2. Your significant other earned less than $5,050 for 2024. ...
  3. You must provide more than 50% of their financial support.

Can I claim my stay at home girlfriend on my taxes?

Your partner must be a member of your household, meaning that they lived with you for the entire calendar year. The law makes exceptions for temporary absences, such as vacations and medical treatment, but your home must have been that person's official residence for the full year.

Do I get a tax break if my wife doesn't work?

Even if your spouse isn't working, you can benefit from: For 2024, married couples filing jointly can enjoy a much higher standard deduction, which significantly reduces taxable income. If your spouse doesn't have income, you can still contribute to a spousal IRA, giving you a tax break while saving for retirement.

Who cannot be claimed as a dependent?

A dependent must be a U.S. citizen, resident alien or national or a resident of Canada or Mexico. A person can't be claimed as a dependent on more than one tax return, with rare exceptions. A dependent can't claim a dependent on their own tax return. You can't claim your spouse as a dependent if you file jointly.

Does boyfriend count as household income?

Include an unmarried domestic partner only if you have a child together or you'll claim your partner as a tax dependent. Don't include people you just live with — unless they're a spouse, tax dependent, or covered by another exception in this chart.

Can I claim my 20 year old as a dependent?

The IRS defines a dependent as a qualifying child (under age 19 or under 24 if a full-time student, or any age if permanently and totally disabled) or a qualifying relative. A qualifying dependent cannot provide more than half of their own annual support.

Who qualifies for the $500 other dependent credit?

The maximum credit amount is $500 for each dependent who meets certain conditions. This credit can be claimed for: Dependents of any age, including those who are age 18 or older. Dependents who have Social Security numbers or Individual Taxpayer Identification numbers.

Who should claim the house on taxes if not married?

Property and Mortgage Interest Deduction

If you live with your partner, and the mortgage is in just one partner's name, only the listed partner can claim a deduction for mortgage payments and interest, even if the unnamed partner contributed to or covered the payments.

Does the IRS recognize common-law marriage?

Common law marriages are recognized for federal income tax purposes if they are recognized by the state in which the taxpayers reside. If the taxpayers later move to a state which does not recognize common law marriages, they are still considered married for federal income tax purposes.

In what states is cohabitation illegal?

— "The First Measured Century: Social disruptions". PBS. As of December 2023, cohabitation of unmarried couples remains illegal in two states (Mississippi and North Carolina), while as of 2023 fornication remains illegal in two states (Georgia and South Carolina).

Can I claim my stay at home wife as a dependent?

Who are dependents? Dependents are either a qualifying child or a qualifying relative of the taxpayer. The taxpayer's spouse cannot be claimed as a dependent. Some examples of dependents include a child, stepchild, brother, sister, or parent.

What is the innocent spouse rule?

Innocent spouse relief can relieve you from paying additional taxes if your spouse understated taxes due on your joint tax return and you didn't know about the errors. Innocent spouse relief is only for taxes due on your spouse's income from employment or self-employment.

What is the new tax break for married couples?

For married couples filing jointly, the standard deduction rises to $30,000, an increase of $800 from tax year 2024. For heads of households, the standard deduction will be $22,500 for tax year 2025, an increase of $600 from the amount for tax year 2024. Marginal rates.

Is my girlfriend part of my household income?

Household income is the total income of all members of a household aged 15 and older, whether they are related or not.

Can a stay at home mom be claimed on taxes?

No. Even if you don't earn income, this does not make you a dependent for tax purposes. You and your spouse should file as married. Married couples filing jointly generally have lower taxes and can claim more in deductions and credits than those who file as head of household, or even as married filing separately.

Can you claim adults as dependents?

The IRS allows taxpayers to claim a qualifying adult as a dependent if said relative meets all the general rules for dependents, lives with you as a member of your household for the whole year, has a gross income under $4,700, and gets more than half of their financial support from you.

Does IRS recognize domestic partners?

The IRS doesn't recognize registered domestic partnerships (RDPs) as marriages. Because of this, RDPs must file their federal and California tax returns using two separate accounts. If this applies to you, RDP couples must file a federal return as Single or Head of Household.

Can I claim my non-working girlfriend as a dependent?

A boyfriend or girlfriend can be claimed as a dependent if they pass some of the same tests used to determine if your child or relative can be claimed as a dependent. First, your significant other cannot be claimed as a dependent if they are eligible to be claimed as a dependent on another tax return.

What states do not recognize domestic partnerships?

Some states, such as Florida, New York, and Texas, do not provide for domestic partnerships at the state level. However, exceptions do exist. The same is true in Florida, where state-wide provisions for registering domestic partnerships do not exist.