[scsmith6]

My husband of 20 years and I have been separated about six months now, we have an 18 year old son in college and I was wondering what would be the best avenue to take when it comes to filing our 2009 taxes this year? He gives me 400.00 a month to live on, but does pay the mortgage. I only worked two months this year before being laid off due to the economy. What is the best path for me to take for myself and my son? If I file jointly with him I don't think I will see any return at all and I need one this year, but I also don't know if I would get one if I filed separate from him. Do you have any answers for me? Thank you Christy

[AtlantaTaxExpert]

Christy:

If you can work with your husband with no animosity, then you should BOTH get your tax returns done by the same tax professional who can model BOTH of your returns to allow you file the best way for everyone involved.

There may be tax advantages for HIM to file jointly with you, but he will need your cooperation to make that happen, which means you can extract a payment from him as your "share" of the refund he would get in exchange for your signature on the joint tax return.

You may also be able to file as "head of Household", using your son as the qualifying person for that designation. There are so many variables associated with this process that it is impossible to offer advice without a complete breakdown of both your's and your husband's income.

Be sure you are comfortable with the tax professional being used, someone who will act as the "honest broker" in this negotiation to ensure that the final deal is equitable for both your and your husband.