Can I File a Joint Tax ReturnFor most couples going through divorce, taxes is the last thing on their mind. But come filing time, they need to consider what their filing status will be. To help you understand you options, read the following answer from our financial expert.
Can we file as married filing jointly if we are separated? Barbara's Question: My husband of fifty years and I separated three years ago. Since we're only separated, could we file our taxes as married filing jointly, which would be a financial advantage? Timothy's Answer: Your tax filing status depends on your marital status on the last day of the tax year. If you are unmarried, your filing status is single or head of household. If you are married, your filing status is either married filing a joint return or married filing a separate return. You must also follow your state law to determine whether you are considered divorced or legally separated. While you were not living together the last few days of the year, as long as you were still married you have the option to file married filing jointly. Please refer to IRS Publication 504 for further details, which may be viewed at www.irs.gov . You are right, more often than not there is a monetary advantage to the filing status married filing jointly. We highly recommend you consult with a tax professional to learn whether there will be a monetary advantage for both parties if you were eligible to use the married filing a joint return status. Do I have to file jointly and split the refund if we're separated? Kristen's Question: Can a woman be forced to file taxes as married and split the refund with her husband if her husband left 11 months ago and rarely pays child support? Brette's Answer: No one can force you to sign the return. You can file married filing separately. Can we continue to file jointly after we're divorced? LaDonna's Question: If my ex husband and I file our taxes together does that mean that we are legally re-married? Can we file our taxes together year after year if both of us are still single? Brette's Answer: No. You can only file a joint return if you are married. If you file it and you're not married, you may have a problem with the IRS. It does not magically mean you are married again.
Timothy McNamara is a certified divorce financial analyst, specializing in the financial issues that couples and individuals face when their marriage ends.
Brette Sember is a former family and matrimonial attorney and mediator, nationally recognized expert, and author of many books on divorce and co-parenting.
This column is not intended to take the place of professional advice, but rather to provide financial and legal information about the various issues that arise in a divorce. For specific recommendations concerning your situation, you should retain an experienced certified divorce financial analyst who can answer your questions based on the details of your case. WomansDivorce.com, Timothy McNamara, and Brette Sember disclaim any liability from any claim arising from any information contained in this column. This column is not a substitute for professional advice. Divorce
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