[ANGIE4586]

If I was not married when I filed jointly with my fiancé, am I afterwards? The tax lady told us we would have to get a legal divorce if we split up. Are we married? How true is this? We were not married when we filed together. But we still filed together. We have never actually had a ceremony or marriage license

[tickle]

If you split up and stay married, you still have to file jointly and that would be difficult if you didn't want your ex to know your private finances. I hope I am getting the correct picture here and would like to know you filed jointly while engaged because that doesn't make sense to me.

[AtlantaTaxExpert]

I suspect that you may be in a state that recognizes common law marriage.

If so, and the state legally recognizes co-habitation as being a legal marriage, then you can file jointly, as the IRS uses STATE law to determine marital status.

However, I doubt that you would have to get a formal divorce if you file jointly, though the state may require it. A call to the local courthouse will get you an answer to that question.

[Mobea]

ATE is right. If you live in a common law state, guess what pal, you're legally married. Congratulations! AND most states that abide by common law also abide by community property. Which means from now on... what's your's is hers and what's her's is yours if it was acquired during the marriage. One of my good friends just went through this in TX. I'd been telling her for years that she was married. She found out when he filed for divorce. She supported him for all these years and now she has to pay him spousal support. Might as well enjoy the honeymoon!

[AtlantaTaxExpert]

I am surprised that she has to pay spousal support, especially in Texas, which is noted for NOT requiring spusal support or alimony to someone who can work.

[Fr_Chuck]

With that noted, not near as many states reconsie common law marriage, some still do. But there are also many other regulatoins, many require a number of years that you must first live together, often 3 to 7 years of living together. Also there is requirements that one act as a married couple, which of course filing a joint return ( which is saying you are married, since joint returns are for husband and wife)

[MukatA]

I searched the Internet for the answer and this is what I found:
If common law marriage exists, the married couple MUST get a divorce decree just like any other married couple who wished to terminate a marriage.

[AtlantaTaxExpert]

Noted!