Is it enough to have filed for divorce?
Is it when you have filed & gone to court & have a temporary agreement (i.e. temporary spousal support)?
2006-12-07 13:41:59 · 5 answers · asked by Mariska 2 in Business & Finance ➔ Taxes ➔ United States
Was told by a pretty reputable source that you can file single if you have a legal separation order....but what does that mean? Anyone with any experience?
2006-12-07 13:49:01 · update #1
Sorry Mariposa, but you are incorrect. Filing status is determined on the last day of the year, December 31. If you are single on that day, you are single. If you are married on that day, you are married.
From IRS Topic 353:
"If you are unmarried, or if you are legally separated from your spouse under a divorce or separate maintenance decree according to your state law, and you do not qualify for another filing status, your filing status is single."
Divorce or separate maintenance decree is as defined by state law in the state you reside in. A legal separation that would fall under a separate maintenance decree is one where there is a court decision or order that has the power to resolve all issues normally covered by a divorce, such as child support, spousal support, etc. In many states, filing for divorce requires a "cooling off" period. A legal separation does not. So if a court decision has been made saying yes, husband and wife is now separate individuals, one spouse has to pay the other $x in support and/or child support, determines child custody and visitation, etc. and the divorce will be finalized later, the two spouses can file as single. In some cases, the legal separation may be the final outcome with no divorce (i.e. religious reasons, continue to provide health insurance through employer, etc.).
2006-12-07 14:09:21 · answer #1 · answered by jseah114 6 · 3⤊ 0⤋
you can only file single when the divorce is final. If you have children and they have lived with you for the last 6 months of the year, you may be able to claim head of household. You can also file married if your ex agrees. If none of this applies, you will need to file married filing separate.
2006-12-08 11:15:10 · answer #2 · answered by goofybored 2 · 0⤊ 0⤋
legal SEPARATION: whilst spouses stay one after the other, the two companion might petition the courtroom for alimony or baby help with no desire a divorce pending. the different occasion would be notified of this variety of petition, and the decide can grant such an order, to be enforced interior the comparable way as a divorce. [per Georgia Code - section: 19-6-10]
2016-10-14 06:00:37 · answer #3 · answered by pape 4 · 0⤊ 0⤋
It's not enough to have filed for divorce.
"Legal separation" is defined by state laws, so there's no one answer here for everyone. Your divorce attorney should be familiar with the laws in your state.
2006-12-07 14:26:46 · answer #4 · answered by Judy 7 · 0⤊ 0⤋
To file single on your taxes, you cannot be married for one day during the tax year, even if you are seperated. If you are married, you can file married, but seperated.
2006-12-07 13:45:07 · answer #5 · answered by Mariposa 7 · 0⤊ 5⤋