For six years we have filed taxes as Married, filing separately. We are in our seventies, reside permanently 600 miles apart and have no reason to divorce. I have very few deductions while he has many, but I must itemize since he does. It would be advantageous for us to file as singles. Can we do that if I can get the agreement filed with the court? How?
2007-03-18 11:13:16 · 14 answers · asked by Lifestooshort 2 in Business & Finance ➔ Taxes ➔ Other - Taxes
No, you cannot. Your separattion agreement is not a "legal" separation as defined by Federal law for tax purposes. You must have a decree of separate maintenance from a court of competent jurisdiction in order to be classified as Single for tax purposes.
Your best option would be to file a joint return and split any refunds or payments.
Second best would be to get your separation blessed by the courts or go through with the divorce. There are sound financial reasons for doing either, the separation or the divorce.
2007-03-18 17:11:23 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
From the IRS website (www.irs.gov)
Marital Status
In general, your filing status depends on whether you are considered unmarried or married. For federal tax purposes, a marriage means only a legal union between a man and a woman as husband and wife.
Unmarried persons. You are considered unmarried for the whole year if, on the last day of your tax year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree.
State law governs whether you are married or legally separated under a divorce or separate maintenance decree.
So you need to search your state laws to see if legal separation is the same as divorced for tax purposes. And if you haven't filed the agreement with a court, I will bet it is not legal, so you will not be able to file Single.
Good luck.
2007-03-18 11:27:41 · answer #2 · answered by Gem 7 · 0⤊ 0⤋
For future years filings, that would depend on the laws in your state whether your separation agreement would qualify for tax purposes as legally separated under a decree of separate maintenance, if it were filed with a court. Talk to a lawyer to find that out.
But the returns you are filing now depend on your status as of 12/31/06, so for this year it's too late in any case.
And as to the people who suggested filing head of household, that's only allowed if you have a qualifying person, usually a dependent, living with you that you are supporting.
2007-03-18 12:00:36 · answer #3 · answered by Judy 7 · 1⤊ 1⤋
I/we are in similar situation and we just signed our separation agreement.
I looked up the Tax status and it says must have separate maintenance degree. I am thinking that all I have to do is file it with the local court records
However, I plan to go the the court house and see what it takes for my state (MD) tomorrow.
If you like and think it will help you can contact me via gsmcsee@yahoo.com on Tues or Weds and I will give you what info I get.
It is ironic, my "wife" lives in Ga, we never lived together, she 70 and I 68.
2007-03-18 13:06:50 · answer #4 · answered by GERALD S. MCSEE 4 · 0⤊ 1⤋
If you want to be 100% legal you would file married filing separately.
Only a divorce changes the fact that you are married and if you are married you can either file joint or separately.
2007-03-18 12:08:31 · answer #5 · answered by Jo Blo 6 · 0⤊ 0⤋
If you are legally seperated then you can file seperately. As long as you are legally married and you are NOT caring for a minor dependent then your only filing status is Married Filing Seperately.
If you don't believe in the "till death do we part" of your wedding vows then get a divorice and file single. If you do believe it then I would stay married (and faithful) even if it does cost a bit in taxes. I would rather pay the IRS then fall out of grace with God.
2007-03-18 11:20:57 · answer #6 · answered by jmadden_98 2 · 0⤊ 1⤋
File married filing separately. If they still have that on the form. If not call IRS.
2007-03-18 11:17:10 · answer #7 · answered by dtwladyhawk 6 · 0⤊ 0⤋
1
2017-03-01 05:49:00 · answer #8 · answered by ? 3 · 0⤊ 0⤋
If you don't have a legal seperation with a lawyer- then no you cannot. As long as you have documentation that you are LEGALLY seperated, then yes you can file single. Otherwise you are looking at filing married seperatley. Check it out though with a local agency- you may very well be able to.
2007-03-18 11:18:14 · answer #9 · answered by Anonymous · 0⤊ 3⤋
If you aren't legally seperated or divorced you are both still responsible for each others debts. At 70 if one of you dies (God forbid) the other is still responsible. As for a tax question like this I wouldn't get an answer from this source. Ask a tax attorney you need one. Divorce is cheap.
2007-03-18 11:18:06 · answer #10 · answered by Anonymous · 0⤊ 3⤋