Are my husband and I allowed to file tax return jointly after a legal separation?

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Are my husband and I allowed to file tax return jointly after a legal separation?

Or for the purpose of tax filing, is a legal separation and a divorce decree the same? Would I have to file as single as my spouse will have custody of kids? Am I allowed to take deduction for my kids if I am paying almost all of their expenses?

Asked on June 23, 2015 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you are legally separated under a final decree of separation in the state of California, the state considers you to be single for tax filing purposes. So if there was no decree as of December 31st, 2014 then you are still consdered married for that tax filing year. See your accountant.  Good luck.


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