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Title: Currently Separated: How are you filing (taxes)? Post by: Forestaken on February 15, 2013, 11:20:13 AM She's out, we're separated. How's the best and proper way to file income taxes?
Title: Re: Currently Separated: How are you filing (taxes)? Post by: ForeverDad on February 15, 2013, 11:40:55 AM In the USA I believe your options are to file jointly or Married Filing Separately.
The typical factors to determine which way to go are whether the shared deductions are enough incentive for her to agree to file jointly. If she won't agree and her lawyer can't convince her to agree, then you have no choice but to file separately. If she does file inaccurately or cause some other financial pain, you may be able to file for Injured Spouse Relief. Be aware that if she does sign, try to get independent proof of her being the one signing her signature. There have been members before who had the IRS come back with inaccuracies of the other spouse's earnings or declarations and in an attempt to avoid consequences the spouse claimed the signature was forged. Do what you can to avoid being accused of forgery. Aware of that risk, I used a tax preparer or accountant until the divorce was final. In my case, I would have owed a lot if I filed separately versus a huge refund if we filed jointly. Ex refused to even talk about. So I had to file for an extension. About a week before the October deadline we happened to be in family court (as we often were back then) and I raised the issue (again) and her lawyer talked with her and came back saying she'd file jointly if I shared the refund (MY excess withholding) with her. Ethical and financial ouch! |