Divorce and Marriage Law
Taxes and Tax Preparation
Income Taxes

How does the IRS view judgment of separate maintenance -- is the couple considered married filing jointly?



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No. You may not filed a Married Filing Jointly return if you are legally separated and that decree has been finalized by the last day of the tax year. Your options are either Single or Head of Household, depending on if you have any dependents that would qualify you for a Head of Household filing status.