IfI am considered comman law married, doI have to file as married on my taxes?

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IfI am considered comman law married, doI have to file as married on my taxes?

While dating my ex he put me on his medical insurance. We broke up and to get me off his medical insurance, his insurance company is requesting proof of divorce papers. Neither of us can afford it so we are keeping me on his insurance. Do we have to file taxes as married until the divorce papers are filed?

Asked on October 28, 2011 under Family Law, Colorado

Answers:

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

Answered 9 years ago | Contributor

This question skirts the issue of fraud and an attorney can never advise you as to the "best way" to perpetrate a fraud.  So we are going to treat you as if you had every intention to be married under the law in your state - or what ever state - that has allowed to you be called married under the common law. So if you are considered married for one purpose - the health insurance - then you have held yourself out as so and you should be considered married for all purposes - taxes included.  Now, when people are separated they ofter file as married filing separately but there can be tax consequences to that or may be not, depending on your current financial situation.  I would consult with your accountant as to that matter.   Good luck.


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