Does filing for divorce qualify my tax filing status as ‘legally separated”?
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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 12 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 12 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.
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