Can I File a Joint Tax Return if I'm Separated or Getting Divorced?

By WomansDivorce.com 

For most couples going through a separation or divorce, taxes are the last thing on their mind. But when tax season comes around, you need to consider which tax filing status is best for your situation.

So, if you’ve been wondering "can I file a joint tax return or should I file separately", keep reading to find out what your options are.

Your Tax Filing Status Options

tax form showing filing status options

Your marital status on December 31st is the main factor the IRS uses to determine how you should file your taxes. For example, if your divorce hasn't been finalized by December 31, you're still considered married. If your divorce was finalized before or on December 31, you are considered single for the whole year.

If you're legally separated from your spouse by decree or legal agreement on December 31, the IRS considers you unmarried for tax purposes.

Here are the four primary tax filing statuses and when they apply: 

  • Married Filing Jointly (MFJ): Still legally married and willing to file a joint return.  
  • Married Filing Separately (MFS): Legally married but choosing to file separately. 
  • Head of Household (HoH): Must meet IRS criteria, including living apart for the last 6 months and supporting a dependent. 
  • Single: Applies if your legal separation or divorce was finalized by December 31.

Married Filing Jointly

Filing jointly usually results in the lowest tax liability because there is a higher standard deduction as a married couple. Couples filing jointly are also eligible for additional tax credits and possibly being in a lower tax bracket.

One of the main downsides to filing jointly is that both spouses are liable for the accuracy of the tax return and any taxes that are owed. It also not a good idea to file jointly if there's a lack of trust or communication between the spouses.

When to choose it: If you and your spouse are still on good terms and can agree to file your taxes together.

Married Filing Separately

By choosing the Married Filing Separately status, you won't be responsible for your spouse's tax liability or any mistakes made on your spouse's tax return. It's also worth considering filing separately if you have a complex or high-conflict divorce.

Some of the downsides of married filing separately include the possibility of a higher tax liability (especially if only one spouse works or earns substantially more than the other spouse) and not as many tax breaks. It's important to note that if one of you itemizes deductions when filing separately, the other spouse also has to itemize deductions and can't claim the standard deduction.

When to choose it: If you want to protect yourself from your spouse's tax mistakes or keep your finances separate.

Head of Household

Filing as Head of Household has a higher standard deduction and a lower tax rate that Married Filing Separately. If you choose to file as Head of Household, make sure you meet the requirements and have the documentation to back up your filing status.

Generally, only one parent can claim Head of Household, unless there are multiple children and each parent has at least one child living with them and can meet the above requirements. Find out more about filing as head of household.

When to choose it: If you're legally separated or still legally married, you may be eligible to file as head of household if all of these conditions apply:

  • You lived apart from your spouse for the last 6 months of the year, 
  • You paid more than half the cost of maintaining your household, and 
  • A qualifying child or dependent lived with you more than half the year.

Single Status

When to choose it: Only if your divorce or legal separation was finalized by December 31 of the tax year and you don't qualify to file as Head of Household.

Choosing Your Tax Filing Status

Choosing the right tax filing status during separation or divorce is more than a formality - it's a crucial financial decision. Whether you file jointly, separately, or as Head of Household depends on your unique living situation, dependents, and the nature of your separation. When in doubt, consult with a tax expert to ensure you're making the most informed, beneficial choice possible. It's also a good idea to work if a tax professional if your separation or divorce involves a shared business or large assets.

FAQs about Can I File a Joint Tax Return

To help you understand you options, read the following answers from our legal and financial experts.

What are the benefits of claiming married for tax purposes?

Michelle's Question: My husband wants us to wait until next year to finalize the divorce for tax reasons. He claims it will be beneficial to both of us to maintain married status for this year. What are the benefits of claiming married?

Brette's Answer: The benefits are you generally pay less tax, however I suggest you discuss this with your attorney and tax planner.

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 filing status for taxes is determined by your marital status as of December 31 of the current tax year. If your divorce has been finalized by that date, your taxes would be filed either as single or head of household. If you are still married by December 31st, your tax filing status would be either married filing a joint return or married filing a separate return. The individual laws of your state will determine whether you are considered legally separated or divorced at that time.

Even if you were not living together, as long as the divorce has not been finalized by December 31st, you generally have the choice of filing married filing jointly. Please refer to IRS Publication 504 for more information and details, which may be viewed at www.irs.gov. (Update: In some states, filing a legal separation agreement will mean you are considered "unmarried" and can't file your taxes jointly. Ask an accountant or tax preparer how the laws work in your state regarding this issue.)

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 are eligible to claim the married-filing-jointly status.

Do I have to file jointly and split the refund if we're separated?

Karen's Question: Can he force me to jointly file our taxes as a married couple and make me split the refund if he 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.

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