File taxes separately from estranged spouse?

Question

I have always filed jointly. Our children are grown.
We are separated since October, 2007; he lives elsewhere. I don't think he plans to file taxes, he worked for him self and will get a 1099 and unemployment statement.

I worked half a year and unemployment for half a year. The home is in my name and so is the mortgage.

I plan to file soon, but Taxslayer online says that if we lived together during 2006 we have to file together??

As I said, he probably won't be filing at all, he's anti government.

I have no money for lawyers, tax consultants, etc. I just paid 4 months of mortgages to get out of foreclosure, and other bills that he created just to get everything in my name.

Any sugestions?

Shey

Answer 1

No, the fact that you lived together does NOT mean that you have to file together. If you are still legally married though, your choices are filing a joint return, or each of you filing as married filing separately, which sounds like what you'll do.

If you are paying the mortgage interest and property taxes, you might be able to itemize - if you have enough deductions to itemize, then you should do so.

If he doesn't file, he'll be hearing from the IRS eventually since his 1099 and unemployment comp will be reported to them, if his total income is over the limit to be required to file. But that's his problem, not yours.

Answer 2

If you are still MARRIED, you must file as married. It has nothing to do with if you lived together. File as separate but you can not file as Single.

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