Does filing for divorce qualify my tax filing status as ‘legally separated”?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does filing for divorce qualify my tax filing status as ‘legally separated”?

My husband left the family residence. I filed for divorce which isn’t final. For tax purposes, does my filing status qualify as “legally separated” or still “married”.

Asked on March 31, 2012 under Family Law, Ohio

Answers:

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 9 years ago | Contributor

I am not a tax attorney, but generally you are married until divorced, and you filed based on your status on December 31.  Texas has no "legal separation".

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

Answered 9 years ago | Contributor

Is the status that you mention for your state taxes in Ohio?  Because for IRS purposes that is not a tax status.  The IRS decisdes your filing status by the last day of the calendar year.  So if you are married then you can either be married filing jointly or married filing separately. Please seek help .  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption