We have been seperated from December 2005 and is in the process of getting a divorce. We have seperate address where we lived the whole of 2006. The question is can we file jointly - as we are still legally married. The 2 W2's we have has seperate address - does that make a difference? I know my seperated wife has to agree to file jointly - but just want to make sure it is legal first before I ask her. Thanks in advance.
2006-12-31 06:09:30 · 4 answers · asked by George 1 in Business & Finance ➔ Taxes ➔ United States
If you and your spouse lived apart thru 2006 you can not file married joint.You must be legally living together for 6 months out of the year.Unless 1 of you provided 50% of the others household finances ie:mortgage,utilities,upkeep.In the event of children and earned income credit who ever has custody would file head of household and claim it.hope this helps learned thru my own experience with this one.
2006-12-31 06:18:46 · answer #1 · answered by PAUL K 1 · 0⤊ 0⤋
According to the instructions, if you were legally separated according to your state law, you should file single. It's probably more advantageous if you file single and not joint.
2006-12-31 06:39:14 · answer #2 · answered by texascajun82 2 · 0⤊ 0⤋
Yes! Your still legally married.
2006-12-31 06:13:07 · answer #3 · answered by femcon 3 · 1⤊ 0⤋
Oddly enough, this is one of the few things in the IRS code that depends on state law. Your legal separation might make you considered as unmarried in the IRS's eyes. Check with your lawyer. He/she should know.
2006-12-31 06:12:41 · answer #4 · answered by Judy 7 · 1⤊ 1⤋