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we are going through a divorce my huband and i can we file seperate?

2006-12-05 07:53:13 · 7 answers · asked by Anonymous in Business & Finance Taxes United States

7 answers

Yes you can file "Married Filing Seperate" even if you are happily married all year long. In your case, going through a divorce, you can file either "Married Filing Jointly" with your husband OR "Married Filing Seperately".

If there are children living with you and you lived seperately from your husband, then you are able to claim "Head of Household" and get better tax tables.

The deciding factor of filing married or single is your marriage status. Should the divorce take place on or before December 31st, then you are considered "Single" (or "Head of Household" if kids) for the full year. Divorce doesn't take place, then "Married Filing Jointly", "Married Filing Seperately", or "Head of Household".

Best advice - check with an accountant/CPA
Additional good advice - talk with your attorney because if you file jointly, there may be a greater refund/less tax due than filing seperately (assuming not divorced by Dec 31st). Maybe you want to split the difference.

2006-12-05 08:34:03 · answer #1 · answered by NoNickname 2 · 1 0

Unless you are not married on 12/31/06 you must file either "Married filing jointly" or "married filing separately". Since filing jointly is usually results in a lower tax liability, it is probably worth it for you and your ex-to-be to try to work this tax filing thing out. You can see how much of a benefit this is by filling out a return each way and seeing what the difference is. You can find the form here http://www.irs.gov/pub/irs-pdf/f1040.pdf and the instructions here
http://www.irs.gov/pub/irs-pdf/i1040gi.pdf

2006-12-05 08:29:57 · answer #2 · answered by curious george 5 · 0 0

You must file "Married filing joint" or "Married Filing Separate."

Sorry, but as long as you are "married" those are your only choices unless you and your spouse lived apart the last 6 months of the year and you have a child who lives with you, You may be able to file as "Head of Household."
For more information, see http://www.irs.gov/taxtopics/tc353.html

2006-12-05 08:12:20 · answer #3 · answered by Weetie 3 · 1 0

You can file married, but seperate. You cannot file single as long as you were married for at least one day during the year.

2006-12-05 08:02:34 · answer #4 · answered by Mariposa 7 · 0 2

this is totally unusual to get that lots of a shift between MFS and MFJ. be effective which you're no longer submitting as the two single or Head of companion and youngsters while figuring the separate returns! you need to use Married submitting one after the different AND if certainly one of you itemizes then the two certainly one of you will desire to itemize whether which means taking $0 for a ordinary deduction.

2016-10-14 02:11:06 · answer #5 · answered by balikos 4 · 0 0

You can not file single.....You can always file "married filing seperatley" since your divorce is not yet final. It will depend on what month your divorce becomes final and rather or not your spouse is reachable......?

2006-12-05 07:57:34 · answer #6 · answered by allaboutwhat 2 · 1 1

Yes.

2006-12-05 07:55:25 · answer #7 · answered by luckyaz128 6 · 0 0

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