Filing Status Scenarios
- If married, spouses who file jointly can be eligible for a subsidy.
- If married but separated, spouses who file single will not be eligible for a subsidy.
- If married but separated, the spouse who files as head of household can be eligible for a subsidy.
Please note: Some separated people may be eligible to file as head of household if the following both apply: Their spouse didn't live in their home for the last six months of the year and they paid more than half the cost of keeping up their home for the year.
Domestic Abuse + Spousal Abandonment Scenarios
If you are legally married but living apart from your spouse and are a victim of domestic abuse, domestic violence, or spousal abandonment, you can say you’re “unmarried” on your application. You’re then eligible for a premium tax credit
Because tax credits are awarded federally, and domestic partnership is not recognized at the federal level, partners must fill out separate healthcare applications if they want to qualify for a subsidy tax credit.
In Healthcare.gov states, you can include an unmarried domestic partner under the following conditions: only if you have a child together or you’ll claim your partner as a tax dependent.