I am planning to go through a divorce. My wife promised that it would be an amicable one. Will see. The situation is is this. We will be divorced sometime in 2007. Since I make most of the income, it makes sense for me to declare her as a dependent and file a married/joint return for 2007 and pass some of the tax savings on to her. What's the IRS rule for this. Do I have to be married for any part of 2007, more than half, etc. to be able to do this? Do I need to wait until AFTER 6/30 TO MAKE DIVORCE FINAL? Is it prorated for the number of months married? Any advice would be appreciated. Thanks.
2006-11-21 09:52:42 · 6 answers · asked by D W 1 in Business & Finance ➔ Taxes ➔ United States
Are you talking about filing taxes in 2008 for tax year 2007? Your marital status is whatever it was on Dec. 31 of the tax year. So, unless you want to hang around until then, file for divorce whenever you feel like it.
MAKE SURE that you get her to file jointly with you for 2006... if that means doing the taxes yourself on Jan 1 and getting her signature right then, do it. "Amicable" can turn around quickly, and there are lots of people whose ex-spouse filed "Married, filing separately" in order to stick the other one (because then YOU have to file the same way, and you'll owe a ton of taxes + penalities.)
2006-11-21 10:20:23 · answer #1 · answered by Dimwit D 2 · 0⤊ 0⤋
A spouse is never a dependent- whether you are divorced or not. Married filing joint does not make one spouse a dependent. If you are divorced at 12/31/07 you cannot file a joint return for the year 2007. There is no proration. Just as, if you get married on 12/31/07, you can file a return joint even though you were only married for one day during the year. If your ex-wife is over 50% supported by you and lives with you over 50% of the year she might be a dependent, but then she would get screwed on her taxes. If you claim you are supporting her, just pay her alimony which is tax-deductible for you and income for her.
2006-11-21 18:16:56 · answer #2 · answered by noname 2 · 2⤊ 0⤋
It's not optional or prorated. Your filing status for the year is determined by your marital status on December 31 of that year. So if you divorce any time in 2007, then you can't file married/joint for 2007 with your by-then-ex wife.
2006-11-21 21:26:51 · answer #3 · answered by Judy 7 · 1⤊ 0⤋
This is to confirm the other answers as well - the status for the entire year is the status at the end of the year. If you divorce in the middle of the year, then you are both "single" at the end of the year.
If you are going through a separation period, then you should wait until Jan 1 of the following year to divorce, to reap the joint return benefits.
2006-11-21 19:05:53 · answer #4 · answered by Country Boy 5 · 0⤊ 0⤋
pretty good advice on this one. Dimwit's answer is best. I've been through it and I've always done my own taxes. Claim her for what you can the year you divorced but forget about any notions of tax credits because your the only source of income. What you pay her is her income and child support is your responsibility, usually. I hope you had a good divorce lawyer because your best scenario should have been mediated in divorce court.
SEE A TAX PROFESSIONAL!!!!
2006-11-21 20:09:51 · answer #5 · answered by jackrabbit4512 1 · 0⤊ 0⤋
go to www.irs.gov to find the laws for your state....I think as long as she is not claiming herself then you can.
2006-11-21 18:01:30 · answer #6 · answered by dodge_bee 3 · 0⤊ 4⤋