Can I Claim my Girlfriend as a Dependent?

Read the Article

See updated information on how to claim a dependent on your tax return here.

This is one of the top questions we are seeing on TurboTax’s Live Community. Here’s the answer.

If your girlfriend has lived with you for all of 2008, her gross income is less than $3,500, and you’ve provided more than half of her total support, you could claim her as a dependent on your tax return. To determine if you pay for more than half of her support, see IRS Pub 17, page 33, support worksheet http://www.irs.gov/pub/irs-pdf/p17.pdf .  Each dependent you claim on your 2008 tax return reduces your income by up to $3,500.

If she files a tax return, she would have to answer “yes” to the question “Are you being claimed as a dependent on anyone’s tax return?”  Note: You can’t claim her as a dependent if living together is in violation of your local law.

What if we’re a family of three with our baby daughter?

Since the baby is your child, lived with you for more than half the year, and doesn’t provide more than half of his/her own support (little hard for a baby to do) , you can claim your daughter as your dependent.

What if my girlfriend’s son (from a previous relationship) also lives with us?  Can I claim him as a dependent?

Usually you can’t claim a child as a dependent if the child can qualify as a dependent for someone else (your girlfriend.) However there is a special exception.  If your girlfriend is not required to file a tax return due to low income and she does not file or files solely to get a refund of withheld income, then you can claim her son as your dependent on your tax return.  If she files only to get an earned income credit, you can’t take her son as your dependent.

Do I still file as single since we’re not married?

As long as you’re the one who paid for more than half the cost of keeping up the home where you all are living and your daughter is claimed as your dependent, you can file as head of household.

Note: If your girlfriend and/or her son are the only dependents listed on your tax return, you cannot file as head of household.

110 responses to “Can I Claim my Girlfriend as a Dependent?”

  1. Hello, I currently have my girlfriend and her 3 children that have been living with me since July 2012 up untill now. I fully support them and she has barely started working. 2 of the 3 children are biologically tied to the father and he has not financially provided a dime for them and is currently estranged due to a domestic violence situation. Besides for the future tax filing for 2013 am i able to at least claim them as extra dependants on my paycheck for work?

  2. can i claim my girlfriend for 2013? she is a senior in highschool. 18 years of age. she is currently living with me.

  3. Hi my boyfriend is paying child support and we get his son every tuesday and thursday for 2 hours and every other weekend we get him from friday night tilk sunday evening for overnights and we also get him for a month straight in the summer. The childs mothers boyfriend claims the child but i dont see how he can when the childs father should be able to claim him. we provide half of the childs support so should my boyfriend be able to claim his son since he is the father? the mother doesnt work.

    • The mother is the custodial parent. She has the right but if she doesnt have any income and she won;t file a tax return then the father can ask her sign the form 8332 so he can claim the child.

  4. My son and daughter in-law are divorced. Their daughter, my grandaughter is living with her boyfriends mother. My grandaughter is 17and is not working. She has been living with this woman for over 9 months in 2012. My son will not claim her. My grandaughter wants this woman to claim her as a dependent and asked me if this is possible. I told her I would try to find out. Any help you can give me is appreciated. Thank-you

      • if nobody is going to claim her then the boyfriend;s mother can claim your grand daughter as her qualifying relative only if she lived with her for the entire year.

  5. Here is my senerio. I am 19 years old my wife is 19 she lived with me as soon as she turned 18. we got married in sep. of 2012. she hasnt changed her last name in her social to my last name. Can i claim her as my dependent? or can i file head of house hold? note: she does not work.

  6. My boyfriend didn’t work all year and he lived with me, I supported him. he owes child support, if i file him on my taxes can they garnish my return besides because he owes child support?

  7. My fiance is disabled and lives with me and he receives monthly SSI and SSDI. His child support obligation comes out of his check and he also has some in arrears. If I claim him as a dependent, can they attach my refund for the past due support?

  8. me and my fiance have lived together for over a year now and just had our daughter on the 2nd. i know we cant claim her but as of last year i was a minor and we were wondering if he could claim me on his tax since we are not related.

  9. I did not work most of 2012. I made 1800.00 at one job and 2430.00 in unemployment. Do I still have to file? I understand the first 2400 of unemployment is exempt. Also, I am making payments to the IRS every month. If my live in girl friend claims me as a dependent because she has provided 100% for the household can the IRS withhold her return to pay of my balance that I am making payments on? Also can she claim my dependent child? The child lives with me full time and I have full custody. Thank you!

  10. My girlfriend and I lived together for more than a year now. She has a kid of her own and received DHSH food/cash/medical. Could I claim her and her kid? Will it affect her benefits if I claim? Thanks.

    • Hi Thanh,
      As long as she meets the criteria for a “qualified relative” per this post http://blog.turbotax.intuit.com/2011/11/07/who-can-i-claim-as-a-dependent/
      They may be claimed if:
      – They are U.S. Citizens or Nationals.
      – They cannot be claimed by anyone else.
      – They are not making over $3,700 earned income in 2011 and $3,800 in 2012.
      – They have not have provided over half of their support during the year.
      – They live with you the entire year.
      TurboTax also walks you through the appropriate questions and gives you the deductions for your dependents if you’re eligible.
      I hope this helps you.
      Thank you,
      Lisa Greene-Lewis

  11. Hello,
    I receive the Pell grant to attend college as myself and my parents are low income (They do not claim me, but are required to be put on my FAFSA), but I live with my boyfriend who makes $40k/year. If he claims me as a dependent, will I lose my Pell grant?

  12. I live with my girlfriend who is unemployed all of 2011. She did not make over $3700. I pay for more than half of all expenses. Can I claim her as a dependent? Should I be listed as “Head of Household? How would I save the most on my return. I have used Turbo Tax for 20 years. Thank you, Brian

  13. I have a question about my mother. She got married in 1997, Her and the husband separated in 2000.(state of Minnesota) She now has a new boyfriend that she has lived with for three years.(state of Illinois) She hasn’t had a job for as long as I can remember. So the boyfriend has been paying for everything this. But she is still married to the husband and doesn’t know for sure if he has been claiming her though out these past few years. Now is it okay for her boyfriend to claim her on his taxes in Illinois with the rest of this being said?? I don’t believe so since she is still married or do you become unmarried after so many years?

  14. We have lived together for 10 years and are seniors. can he take me as a dependent? I only have my ss income of 1312 a month and he pays all the bills. I buy the food etc. his income is over 60k.

    • Hi Nancy,
      He should be able to claim you as a dependent as long as your relationship does not violate local law(Cannot be married to anyone else). In addition, you have to make sure your state honors the federal law of being able to claim a girlfriend/boyfriend as a dependent. In addition, he has to supply over of your support and you cannot make more than $3,700 in taxable income.
      Thank you,
      Lisa Greene-Lewis

    • Hi Sandro,
      Thank you. We are glad you like it. You can access the blog at blog.turbotax.intuit.com and also subscribe to the RSS feed. In addition you can join facebook and twitter from the blog.
      Thank you,
      Lisa Greene-Lewis

  15. I heard that the federal government allows $2400 for unemployment taxes so does that make my mother be within the $3700 for income?

    • Hi Lynn,
      You may be referring to the $2,400 in unemployment income that the IRS allowed to be tax free, but that tax benefit expired in 2010 so unfortunately you have to include that amount in her income.
      Thank you,
      Lisa Greene-Lewis

  16. hi my name is christina my question is , why on turbo tax can’t my fiance add me as a dependent i dont work i say home with our child and he supports us 100% financially … someone please help

    • Hi Christina,
      As long as you meet all of the test for a “qualifying relative”(residency, support, income, and citizenship) TurboTax will allow you to be claimed as a dependent. Make sure he reviews the questions he answered. If any are answered incorrectly, you may not qualify as a dependent. Make sure you meet the following test:
      – Citizenship – U.S. Citizen, national, resident alien, resident of Mexico or Canada
      – Income – You can not make over $3,700 in 2011
      – Residency – You must have lived with your fiance the entire year
      – Your relationship cannot violate the local law – Neither of you can still be married to someone else if your state law does not support this type of relationship
      Thank you,
      Lisa Greene-Lewis

  17. My sons girlfriend and her daughter (not his) live with him and he pays all their living expenses. The girlfriend works a few days a week and basically doesn’t contribute to the family income. She gets no child support so my son basically is supporting both of them. she is pregnant but things are not going well. Since he was the one who supported them is he allowed to claim the daughter as earned income or as a dependant? He supported them under his roof all year yet she is taking the deduction. NOt sure if you need more information?

    • Hi Kari,
      He could claim his girlfriend as long as she meets the following test:
      -Their relationship does not violate the law. Neither one of them can still be married to someone else.(You also need to check your local state law to see if they comply with the federal law that allows taxpayers to claim girlfriends/boyfriends).
      -He provided over half of her support for the entire year
      -She lived with him the entire year
      -She did not make over $3,700 gross income in 2011
      -She was a U.S. Citizen, National, or resident alien
      Of course he will not be able to claim her or her child if she claims herself and the child.
      I hope this helps you!
      Thank you,
      Lisa Greene-Lewis

  18. Hi.
    My gilrfriend and I have lived together all of 2011. in 2010 she lost her job, she filed unemployment and has to pay state and federal taxes. The entire 2011 she received unemployment benefits, they ran out in Sept. 2011. I have carried her on my medical , dental and vision insurance as of 03/2011 until 12/31/2011; Furthermore, since her unemployment benefits ended in Sept. 2011. I have been the sole provider for her, our household , and our son who was born in Sept 2011.
    Can I claim her as dependent? she received unemployment benefits from jan 2011 to sept 2011 .
    we have a son together. –
    can i claim head of household?

    Thx.

    • Hi Martinez,
      I don’t know how much your girlfriend’s total unemployment income is, but I would imagine if she received it for 9 months it is more than $3,700 so she would unfortunately not meet the gross income test to claim her. You could however claim your son as a dependent on your taxes and still claim head of household as long as you are the only one that claims him. She would need to file her own taxes since the unemployment income is taxable.
      I hope this helps!
      Thank you,
      Lisa Greene-Lewis

  19. -I have been out of a job since May 2010
    -My gf and I live together (more than a year)
    -She’s not married/separated.. nor am I
    -We are both citizens of US (reside in VA)
    -I made less than $3700 this year (unemployment)
    -She has provided more than half of support

    My ? is, could she file me as a dependent and will there be any issues being that I owe child support (not from present gf)?

    Thanks in advance!

    • Hi Darryl,
      Yes she could claim you as a dependent under federal law, but you need to verify that your state complies with federal law regarding claiming a boyfriend as a dependent. Not all states comply with the federal law. You also have to make sure you are not required to file a tax return for any other reason.

      Thank you,
      Lisa Lewis

  20. Hi, I wanted to know how you can prove that you’ve been living with someone (been a part of his household) for at least one year.. My boyfriend wants to claim me and we’ve been living together for about a year, but how do we prove it? We fit into all the other requirements for claiming a dependent. Thank you.

    • Hi,
      I apologize. I answered your question back in September, but some comments are not showing up after our enhancements.

      You can show proof of residency by contacting the voter’s registration office where you live. They can provide you with proof. You may also be able to use your driver’s license, proof of car insurance, or an utility bill.

      Thank you!
      Lisa Lewis

  21. I am 22 years old, and moved to Washington State a few weeks ago. Prior to this move, I had been working a part-time job and supporting myself for the past two years while attending college full-time. I moved here, because my boyfriend and I decided to move in together, after having dated for the past couple of years (long-distance). He works for Microsoft, making a good salary, and therefore wants me to only attend school full-time, and not become re-employed until I finish my degree. If we live together for the following year, can he claim me as a dependent? As a qualifying relative?

    Although my mother still resides in Texas, she does not provide any of my support.* How would this effect my FASFA status? My in-state residency status?

    • Hi Sabrina,
      I apologize. I answered your comment in September, however some commenting is missing after our enhancements.

      Your boyfriend will be able to claim you as a “qualifying relative” as long as you are in a legal relationship(Neither one of you are married)
      and you lived with him the entire year.

      This should not impact your FASFA status. The lower your income, the better it should be for you.

    • Hi Roxy,
      Yes you can include your baby when figuring out your exemptions on your W-4. Per the IRS, whether you have your baby on December 31 of the tax year, you are allowed to take a personal exemption for them. Just make sure you have a social security number for them and enter the social security number on your tax return when you file. You can request a social security number from the Social Security Administration when you have your baby http://ssa.gov/ssnumber/ss5.htm

      Good luck and take care!
      Lisa Lewis

  22. Hi. If I am not living with someone but I am supporting them by pay half of there rent can I claim that on my tax? It is my ex-girl friend, and we have a son together? I do claim my son as a dependent, she is not working and is a full time student and has 2 other children of her own.

    • Hi Kipp,
      Unfortunately, you cannot claim a girlfriend or ex-girlfriend as a dependent unless she lived with you the entire year. A girlfriend is a qualifying relationship with a mandatory residency requirement. The IRS states you may claim cousins, friends, girlfriends, boyfriends, or domestic partners under the qualifying relative tests, but these relatives must live with you the entire year and meet all other criteria for qualifying relatives (gross income, support, citizenship,
      joint returns).

      I hope this helps you!

      Thank you,
      Lisa Lewis

  23. If my spouse has not worked all year except for a month and a couple of weeks Can I claim them as a dependent? If I claim them will my taxes be garnished for their owed child support?

  24. My son (in previous relationship) and I live with my boyfriend. I dont have a job so I dont need to file tax and no one claims me as dependent yet. My boyfriend & I have a daughter together. Can my boyfriend claim me and my son as dependents?

    • Hi Leena,
      Your boyfriend can claim you and your son as long as no one else claims you on their taxes, you are not required to file a return, and you meet the following tests:
      1. Your relationship must be legal. You or your fiance cannot be legally married to someone else.
      2. You must be a member of his household the entire year.
      3. You must meet the gross income test making less than $3700 in gross income for TY 2011 and $3650 in gross income for TY2010.
      4. Your boyfriend must have provided over half of your support for that year. Support is classified
      as amounts spent for food, lodging, clothing, education, medical and dental expenses, recreation, transportation,
      and necessities.
      5. You must be a U.S. citizen or resident alien of the U.S.
      For more information, please read our TurboTax support article http://turbotax.intuit.com/tax-tools/tax-tips/Family/Can-I-Claim-a-Boyfriend-Girlfriend-As-a-Dependent-on-Income-Taxes–/INF14242.html
      Also, TurboTax easily guides you and makes the appropriate choices based on your input
      http://www.turbotax.com/lp/ty10/ppc/hp.jsp?priorityCode=4515700000&ven=gg&cid=ppc_gg_b_stan_us+ca_btt+nm+ca&adid=8672506428&skw=TurboTax&kw=Turbotax
      I hope this helps you!
      Lisa Lewis

      • In an even of an IRS audit, how can I prove that I was a member of the same household for an entire year? I dont receive mail at my girlfriends residence. I have lived there for more than a year though. I do pay more than half of her expenses and we are not married to someone else.

      • Hi Pancho,
        The IRS will accept Voter’s registration, Driver’s License, and bank records with the address. In some cases they may accept copies of your canceled checks showing that you pay the rent where you live.
        Thank you,
        Lisa Greene-Lewis

    • Hi Shelia,

      Your boyfriend can claim you and your daughter as long as no one else claims you on their taxes, you are not required to file a return, and you meet the following tests:

      1. Your relationship must be legal. You or your fiance cannot be legally married to someone else.

      2. You must be a member of his household the entire year.

      3. You must meet the gross income test making less than $3700 in gross income for TY 2011 and $3650 in gross income for TY2010.

      4. Your boyfriend must have provided over half of your support for that year. Support is classified

      as amounts spent for food, lodging, clothing, education, medical and dental expenses, recreation, transportation,

      and necessities.

      5. You must be a U.S. citizen or resident alien of the U.S.

      For more information, please read our TurboTax support article

      http://turbotax.intuit.com/tax-tools/tax-tips/Family/Can-I-Claim-a-Boyfriend-Girlfriend-As-a-Dependent-on-Income-Taxes–/INF14242.html

      I hope this helps you!

      Thank you,

      Lisa Lewis

  25. Hello,

    I have been living with my fiance for the past two years and we have a child together. Last year he claimed only my son. I was wondering since I only worked for 3 weeks of 2011 is it possible for him to claim me.I am also a full time college student if that makes a difference.

    • Hi Krystal!
      Your fiance can claim you as long as no one else claims you on their taxes, you are not required to file a return, and you meet the following tests:
      1. Your relationship must be legal. You or your fiance cannot be legally married to someone else.
      2. You must be a member of his household the entire year.
      3. You must meet the gross income test making less than $3700 in gross income for TY 2011 and $3650 in gross income for TY2010.
      4. Your boyfriend must have provided over half of your support for that year. Support is classified
      as amounts spent for food, lodging, clothing, education, medical and dental expenses, recreation, transportation,
      and necessities.
      5. You must be a U.S. citizen or resident alien of the U.S.
      For more information, please read our TurboTax support article http://turbotax.intuit.com/tax-tools/tax-tips/Family/Can-I-Claim-a-Boyfriend-Girlfriend-As-a-Dependent-on-Income-Taxes–/INF14242.html

  26. can my boyfriend claim me for any particular year that he took care of me..if i owe taxes for a prior year when i was not with him?

    • Hi Theresa!
      Your boyfriend can claim you as long as you did not file your taxes and receive a personal exemption for yourself, no one else claimed you in those particular years, and you were not required to file a tax return. The following tests must also be met:
      1. Your relationship must be legal. You or your boyfriend cannot be legally married to someone else.
      2. You must be a member of the household the entire year.
      3. You must meet the gross income test making less than $3650 in gross income for TY 2010
      4. Your boyfriend must have provided over half of your support for that year. Support is classified
      as amounts spent for food, lodging, clothing, education, medical and dental expenses, recreation, transportation,
      and necessities.
      For more information, please read our TurboTax support article http://turbotax.intuit.com/tax-tools/tax-tips/Family/Can-I-Claim-a-Boyfriend-Girlfriend-As-a-Dependent-on-Income-Taxes–/INF14242.html

      I hope this helps you! Have a good day!
      Lisa Lewis

  27. My boyfriend and I have been living together for 2 years. He is still legally married and is in the process of trying to locate his wife to get a divorce. Can he claim me as a dependent on his taxes this year.

    • Hi April,

      Unfortunately, he cannot claim you on his taxes as your relationship violates the law. The IRS has the following requirements to claim

      a boyfriend or girlfriend as a dependent and a relationship violation is one of them. The test are as follows:

      – Your relationship cannot violate the law (A taxpayer cannot be married and still claim a boyfriend or girlfriend).

      – You must be a member of the household.

      – You must live with your boyfriend the entire year.

      – You must meet the gross income test(earned less than $3,650 in 2010)

      – He must have provided over half of your support.

      For more information click on our article http://turbotax.intuit.com/tax-tools/tax-tips/Family/Can-I-Claim-a-Boyfriend-Girlfriend-As-a-Dependent-on-Income-Taxes–/INF14242.html

      I hope this helps you! Have a good day.

      Lisa

  28. I am disabled and receive SSI disability and Teacher retirement. Can my husband claim me as a dependent on our taxes? Should we file married or separately?

  29. i am in a bad predictiment this year all last year i have lived with my girlfriend and she wants to claim me as dependent i was 17 through half the year and she was pregnant with my daughter who was born of 2010 how ever my guardians want to file taxes for me because i lived with them for 2 months out of the year can my gf still file for me at the same time they do??

    • They both cannot claim you – if you lived with your parents only two months of the year and your girlfriend the other 10…based on what your contributions to that household was (most/least) …assuming she carried the burden of the expenses, then SHE would be able to claim you. You’ve only lived with your parents two months out of the year…she rightfully can claim you, not your parents, and certainly not both parties.

  30. I am filing head of house hold with my two children. If I file using another dependent that owes the IRS, will the IRS come after my return or will they come after the dependent that I used?

  31. me and my boyfriend are not married and live together in his house.He pays a morgage.we have 2 kids that he claims,I was told he can’t claim me because we are not married…is that true?he says he claims me.I need to know myself.

  32. Well I filed my 2009 federal taxes using Turb-Tax and was under the impression I could claim my girlfriend as a dependent. She lived with me the whole year, and earned way under 3,500 (in fact she didn’t even have to file herself), and I paid for way over 50% of her support. Now… I just received a NOTICE OF PROPOSED ASSESSMENT from the IRS and they are telling me that a non-relative may not be claimed as my qualifying person and that I owe the IRS $850 dollars! What is going on? Can anyone help me here!

  33. I have lived with my boyfriend who I am engaged to for a year. I am about to deliver a baby too. He claims 2 on his W4 work form for taxes (me and him). We will not be married before the end of the tax year ( 2010 ). Should I have him take me off of his W4 form from work? Should I just have him claim me on the end of year State tax forms? Also, I am on DSHS and told them I was living with my mom. Will DSHS let the IRS know that I told them I am living with my mom when I have been living with my boyfriend all year? I did not work at all this year, only been going to school so I have no income. What should i do? Should I tell DSHS that I am not living with my mom and risk not being able to get food stamps, health insurrance for me and our new baby, ans schooling? Or should we just change the tax form at my botfriend’s job back to 1 ( only him listed )and then pay the IRS back at end of year for that??? What will he have to pay back for claiming 2 and then changing it back to 1?

  34. If my boyfriend claims me as a dependant does that mean we are common law married? We have been living together for over 6 years, engaged since september of 2007. He filed just the first year as a dependant but hasnt done it since. Thank you cc

  35. My boyfriend will be claiming me as a dependant. We have lived together for 1 yr. Do I need to be present with him when he goes to file? If not, what information will he need from me to bring with him?

    Thanks to anyone who can answer this! 🙂

  36. My Ex boyfriend whom I no longer reside with also did not live the entire year with Claimed me on his Taxes as a dependent signed my name and used my social without my permission

    what in the world do I do?

  37. Do I still file as single since we’re not married?

    As long as you’re the one who paid for more than half the cost of keeping up the home where you all are living and your daughter is claimed as your dependent, you can file as head of household.

    Note: If your girlfriend and/or her son are the only dependents listed on your tax return, you cannot file as head of

    WHY NOT

    • You can not file as head of household because you have to have a Qualifying Child, your girlfriends son is your girlfriends qualifying child, and since you are not married he is not your qualifying child. In short you have to have a qualifying child who can not be claimed by anyone else.

      • Also granted that your girlfriend doesn’t sign the right to claim her child to the father with form 8332 (Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent).

  38. Followup info to the post re my sister who receives disability benefits: she does not work and has no other income except SSI.

  39. My sister lives with us, and she receives Social Security Disability Benefits. If I charge her rent (which gets paid with the SSDIB), can I claim her as a dependent on my tax return?

  40. We have 2 disabled dogs that rely on us completely for special food diets and medications. Are we able to claim them as dependants as they would not be ale to fend for themselves nor medicate themselves.

    • This unfortunately would attract an over abundance of abuse in both tax refund/returns and animals themselves. If the government ever did for any far out reason, allow this; then everyone would get a dog to claim it….people would keep them just for the tax benefit

Leave a Reply