I am just recently seperated & no longer live with my husband, but we haven't started the divorce papers yet. We lived together for 9 months out of the year. I don't want to file a joint return at the end of the year. What is my new filling status? I'm not single, because I am still legally married I dont qualify for Head of household. I dont want to file married filing seperate but it looks like thats what I fall under. Since my kids live with me, I will be the one to claim them. Any ideas?
Thanks
2006-09-07 08:45:00 · 7 answers · asked by Amy 3 in Family & Relationships ➔ Marriage & Divorce
My kids live with me 100% of the time. & I pay 100% of their care. Since I make more money then him, he's refusing to pay anything. So I will claim them as my dependents.
2006-09-07 10:26:20 · update #1
If you have not filed your divorce papers yet you and your husband can still file jointly. If you husband itemizes deductions or you do then you can have a tax liability filing "seperate" and a smaller tax bill filing "jointly" in most cases.
My advice. Take the hit if neither of you itemize deductions and file seperate. It keeps thinks nice and neat.
NO YOU CAN NOT FILE MARRIED IF YOU WERE MARRIED "EVEN ONE DAY" LAST YEAR. Your filing status is based on your status as of December 31st. Period!!!!!! That is bad tax advice from an idiot.
You need to go to the IRS website and get Publication 504, Divorced and Seperated Individuals. Also take the test under the general form 1040 instructions (1040i) to see what is the best filing status.
Edit: As far as your kids go what is the percentage of custody you have? Who pays for 50% of their care? I am suspecting it is you because they live with you. If you have a joint custody agreement and they spend 50% or more time with your husband then you need to take the test in the 1040i publication "dependents test" to see if you can claim them as dependents.
2006-09-07 08:57:20 · answer #1 · answered by BadAdvice 3 · 2⤊ 0⤋
Look for tax reason file jointly or you both will being paying some big bucks as singles. As long as your married you both can file jointly up to and including the year you get divorced. Living together is not required.
You might want your lawyer involved in this to insure return check is split fairly.
Talk to a lawyer
You can claim single tax with holding any time you want just change it with your employer.
2006-09-07 09:00:54 · answer #2 · answered by Mit 4 · 0⤊ 1⤋
If you were married even one day in a year you can file married. Of course you can file married filing seperately, but you may lose some deductions. Money wise...you would probably be better of filing married....sorry, but it's true
Good Luck!
2006-09-07 08:48:39 · answer #3 · answered by lissad 4 · 0⤊ 3⤋
married filing separate
2006-09-07 09:08:41 · answer #4 · answered by teresa d 4 · 0⤊ 0⤋
married filing seperate is about it at this time
2006-09-07 08:48:11 · answer #5 · answered by CJM 3 · 0⤊ 0⤋
in case you incorrectly filed as unmarried yet you're honestly married, you and record a 1040X from unmarried to married filing one at a time when you're surely in contact about your self do your own and no a notary public can't record one for you the spouse can amend hers if she chooses(which she might want to)
2016-11-25 19:26:31 · answer #6 · answered by ? 4 · 0⤊ 0⤋
My guess is that you'd want the one that says "Married, filing separately."
2006-09-07 08:47:24 · answer #7 · answered by Tish 5 · 0⤊ 0⤋