2006-12-28 10:01:00 · 8 answers · asked by Indian5 1 in Family & Relationships ➔ Marriage & Divorce
Just go and file, or call and ask the tax office, they may tell you to file separately.
2006-12-28 10:03:41 · answer #1 · answered by Ms. Q 5 · 0⤊ 0⤋
My husband had that problem with his ex before the divorce was final, but no kids in his case before me.
In his case his ex had not worked their last married year - so the preparer ran the numbers both as married, filing seperate, and as a joint return.
Legally, we learned, even tho he was the only income in the house - on a joint return she'd get 1/2 his refund. On separate, he got to keep it all. His ex wouldn't sign anything, so it worked out that he had to file separate (or file late and risk problems with the IRS) - but he did get to keep the refund in full. It was a little less than what he'd have gotten on a joint return.
If your estranged spouse worked, if you have a mortgage and other joint deductions, it is usually worth it to file a joint return and have the refund money (assuming a refund is due) wired to an "escrow" account established by your legal representative. Then the funds are divided from there and neither of you gets the money without an agreement on who gets how much.
It can tie up the refund a while, but if you both claim the kids and both try and deduct joint items, you can flag an audit later. Better safe than sorry and come to an agreement first if possible.
If you can get something in writing indicating who gets to claim what, you'll at least be covered if she takes deductions you're entitled to.
2006-12-28 19:12:38 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you have been seperated since before June of this year, and you are the main caretaker, you can claim Head of Household. If you think he's going to try to claim them too, then you should file as soon as possible, that way you will be the first one filing.
To be on the safe side, you can check Irs.gov and find out more about Head of Household (better tax breaks) status versus Married filing Separately.
2006-12-28 19:01:46 · answer #3 · answered by GreenEyedLou 2 · 0⤊ 0⤋
Married, filing separately.
2006-12-28 18:04:17 · answer #4 · answered by kearneyconsulting 6 · 0⤊ 0⤋
Talk yo a tax consultant for sure but i think you can file single if legally seperated.
2006-12-28 18:07:43 · answer #5 · answered by P.Bunyun 2 · 0⤊ 0⤋
I recommend first having it done professionally, and second filing head of household
2006-12-28 18:26:52 · answer #6 · answered by Mike's Girl 3 · 0⤊ 0⤋
R U splitting the kids. You need a different address.
2006-12-28 18:04:52 · answer #7 · answered by M.D. 2 · 0⤊ 0⤋
you must file first
2006-12-28 18:09:29 · answer #8 · answered by heavenlli_61 5 · 0⤊ 0⤋