Divorce and Marriage Law
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If you are separated from your spouse can you file a separate tax return?

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Answered 2007-01-10 02:14:54

Yes, whether separated or living together, married couples do not have to file joint returns. You check the appropriate box on your return that designates your filing status.

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If you file a joint return one year can you file married filing separate the next when you and your spouse are not separated or divorced?

Yes. Change back and forth whenever you like.

Can I file for bankruptcy alone if I am currently separated?

Yes. Either spouse, even if living together, can file a separate bankruptcy.

How do you find out if a spouse has filed a tax return?

The obvious answer is to ask your spouse. If that is not an option, have your divorce attorney ask your spouse's attorney. You can call the IRS and ask them if by any chance a joint return has been filed with your name on it, but they won't tell you if your spouse filed a separate return. If none of that works, file a separate return (married filing separately, not single). If civil relations are ever restored with your spouse, you can talk about matters and file an amended return later.

How can your husband file taxes and include you when you are separated?

There are several ways. He can prepare a joint return and ask you to sign it. It is up to you if you want to cooperate. This assumes that you are still legally married. He can forge your signature on a joint return. This would be illegal. He can impersonate you and e-file a return. This would be fairly easy for a spouse to do, but it is also illegal. If you had absolutely no income during the year, did not file a return of your own, and could not be claimed as a dependent on anyone's return, the law allows your husband to claim your personal exemption on his separate tax return. Note this is not the same as claiming you as a dependent. (Your spouse is never your dependent for federal tax purposes.)

Do you have to file for a divorce if you have been separated from your spouse for 8 years?


Can you file for child support if you are separated from your spouse in New Jersey?


Who can file a joint income tax return?

In order to file a joint return, the parties must be married at the end of the year, living together in a recognized common law marriage, or married and living apart but not legally separated or divorced.You can also file a joint return for the year in which your spouse died. But that is only the one year..

Can you file with your nephew on your tax return?

No...really spouse only

Can you file a tax return with a spouse who pays child support?


Is it legal to file a separate tax return when your married and not ask or even tell your spouse?

Yes. extremely, you can get a minimum of £5000 fine or even get life in prison in Taiwan.

Do you need to file for divorce if you and common law spouse separate in Texas?

yes you do

Can you file for a divorce and stay with your spouse till its final?

no you have to be living apart for 1 year (separated)

Can you file a joint return when one spouse is disabled and living at a veterans home?

As long as you are still married to each other, you can file a joint return. However, it is not mandatory for married couples to file a joint return.

What if a person dies in Feb 08 owing the IRS taxes for 07 but was separated from his spouse by the end of the fiscal year 07 - is the spouse liable for the IRS debt?

If the spouse inherited the estate, the spouse will pay the IRS debt. Since the two were still married, the taxes must be paid by the remaining spouse.If they were separated at the end of 2007 I assume that they did not file a joint return for the 2007 taxes. If this is the case, the husband's estate must pay the taxes. If the estate cannot pay the taxes in full, then the spouse will not be held liable for anything that is still owed. A distinction must be made between the spouse being liable and the estate being liable.The only way that the spouse is fully liable is if the return was a joint return.


If you are married on December 31st you must file a joint return unless you are legally separated for the last 6 months of the tax year.

Do you have to file a joint tax return with your spouse if you don't work?

Assuming we are talking about filing federal income tax in the US...No, you don't have to file a joint tax return, but you will probably pay more taxes or lose some tax credits if you file separately.When is it a good idea to file separately? If you think your spouse is evading taxes and you may be liable if you file a joint return, then you should file separately.

Is it okay to file your income taxes jointly with your spouse if you are separated?

Yes, this is done with a lot of couples these days.

Can a resident file a resident joint tax return if the spouse only has a B-1 or B-2 visa?

Can a resident file a resident joint return if the spouse only has a B-1 or B-2 visa

How do you file for taxes when you are married but separated?

Only IF in the state that that you are a resident of IF you are legally separated on the last day of the year, you should file either as single or as Head of Household (if you have children that live with you for more than 50% of the year). Other wise your filing status would be married filing joint or on a separate 1040 federal income tax return MARRIED FILING SEPARATE.

After a divorce a spouse filed the taxes as married filing jointly and kept more than 50 percent of the return. What are the options for the other spouse?

If you were no longer married at the end of the day on December 31th, you cannot file a joint return. The other spouse should simply file a legitimate return for themselves and not worry about what their ex-spouse did. If you try to e-file, it will probably be rejected, but you should then file on paper. The first step is to file your own return, nothing can be done until you do that. Of course, the IRS will notice the discrepancy at that point and send you a letter. Respond to the letter with the proper documentation showing that you were divorced and your spouse should not have filed a joint return. It will take some time to settle and your refund (if you are due one) will be delayed for months.

Can you file a joint return if your spouse is an inmate?

I believe you can -- I cannot find anything that says otherwise.A husband and wife can file a joint tax return even if they are not living together at the end of the year unless they are legally separated under a decree of divorce.That's the closest rule that I can find that even begins to address this situation.

Can spouses file taxes separately?

YES they can if each choose to file as married filing separate on a separate federal 1040 income tax return.

Can a man file bankruptcy without his wife's involvement and if he does how will she be affected?

A husband (or wife) may file for bankruptcy separate from his or her spouse. Technically speaking, this should have no effect on the other spouse as they are filing bankruptcy for their separate debts and you will not be held responsible for their debts nor will it be reflected on your credit report, etc. It is important to note that those debts you held jointly will remain with you (the spouse that did not file for bankruptcy).

How does your wife protect her tax return from being applied to your child support?

If you filed a joint tax return, she can't. A joint return has both of your names on it, so the refund will have both of your names as well. Thus it can be garnished by the state to pay back child support. The only way to avoid it would be to file separate tax returns. For Federal income taxes, the spouse should file an injured spouse form to recover his/her share of the refund.

Is it adultery after you been separated?

In the law it is. if you are only physically separated (meaning you are simply living apart from your spouse and not legally separated), then any adultery at this point will most likely have an effect on how the financial issues in your divorce are decided. Finally, if you are still married, your spouse can file for a divorce on the ground of adultery whether you are legally separated or not.

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