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amereles · Jan 8, 2009, 09:58 AM

Me and my ex-wife (living in Wisconsin) had been married for 8 years when we filed papers to start the divorce proceedings.

Since the filings have begun, I have moved to a different state (Virginia) and begun a new job.

Her lawyer is saying we should file together because we are still married and that it will be to our advantage.

My question is two-fold:

1. Because I live at a different address from her and I work in a different state than her, is it even possible to file taxes together?
2. Should I or should I not?

JudyKayTee · Jan 8, 2009, 10:40 AM

Originally Posted by amereles

Me and my ex-wife (living in Wisconsin) had been married for 8 years when we filed papers to start the divorce proceedings.

Since the filings have begun, I have moved to a different state (Virginia) and begun a new job.

Her lawyer is saying we should file together because we are still married and that it will be to our advantage.

My question is two-fold:

1. Because I live at a different address from her and I work in a different state than her, is it even possible to file taxes together?
2. Should I or should I not?

I would check with your Attorney but in general you save money by filing jointly -

cdad · Jan 8, 2009, 02:27 PM

If you started proceedings before the end of the year ( Dec 31 ) then your only real filing I believe is married filing separate. Also you avoid the hassle of who gets possession of the return. It can only be sent to one address. It sounds like her lawyer is looking to cash in on it. Be aware.

cjonline · Jan 9, 2009, 08:03 AM

File Married Filling Separate. Save yourself the trouble of thinking about it anymore or worring if she will split any return you may get.

JudyKayTee · Jan 9, 2009, 08:55 AM

Originally Posted by califdadof3

If you started proceedings before the end of the year ( Dec 31 ) then your only real filing I believe is married filing seperate. Also you avoid the hassle of who gets possesion of the return. It can only be sent to one address. It sounds like her lawyer is looking to cash in on it. Be aware.

IRS might show up at my house any minute now but my "ex" and I filed joint right up until the Judge slammed down the gavel.

Interesting side story - my "ex," following the divorce, then amended five years worth of returns, claiming married filing separately, which caused me to be notified and assessed additional taxes which caused him to be charged with attempting to defraud IRS. Apparently IRS doesn't allow that or every divorced person would be playing "gotcha'" all over the place.

There's a message here - what could it be? Oh, I know. If you see my "ex," run in the opposite direction.

ebaines · Jan 9, 2009, 12:23 PM

You can certainly file as MFJ, right up until the time the divorce decree is finalized. Of course it often happens that even though people are still married they won't (or can't) cooperate enough to file that way; hence it's often less hassle to file as MFS. But even then some level of coopertaion is reqired between the 2 parties, such as shatrng SS numbers, determining who gets to claim the kids, deduct the interest for mortgage payments, etc.

cdad · Jan 9, 2009, 03:39 PM

Originally Posted by ebaines

You can certainly file as MFJ, right up until the time the divorce decree is finalized. Of course it often happens that even though people are still married they won't (or can't) cooperate enough to file that way; hence it's often less hassle to file as MFS. But even then some level of coopertaion is reqired between the 2 parties, such as shatrng SS numbers, determining who gets to claim the kids, deduct the interest for mortgage payments, etc.

If you filed separation papers then your not entitled to file jointly. Separate means just that.

Here is the IRS codes for it and how it applies.

Tax Topics - Topic 353 What is Your Filing Status?

Hope that answers it.

cjonline · Jan 9, 2009, 03:51 PM

I didn't see that he had filed separation papers in court. I was just going on them living in different homes as his post says above.

If papers have been filed with the court that say they are living as they are no longer married then you have to file MFS. If her lawyer is telling you to file jointly, then my guess is that wouldn't be wrong to do if you felt comfortable doing it. The question then becomes one of trust with your ex. I still believe that you shouldn't file with her, but that is just me.

cadillac59 · Jan 9, 2009, 04:20 PM

Originally Posted by amereles

Me and my ex-wife (living in Wisconsin) had been married for 8 years when we filed papers to start the divorce proceedings.

Since the filings have begun, I have moved to a different state (Virginia) and begun a new job.

Her lawyer is saying we should file together because we are still married and that it will be to our advantage.

My question is two-fold:

1. Because I live at a different address from her and I work in a different state than her, is it even possible to file taxes together?
2. Should I or should I not?

Easy question.

Of course you can file married joint. You cannot force this filing status on your spouse but it is always an option no matter where you live. As long as you were still married by December 31st of that specific tax year, you are married for tax purposes. It doesn't matter if you are living separately and apart, filed for divorce or any of that. It's a really simple rule.

Whether you should or not is another matter. Check with your tax preparer for the best answer. If you have a kid together and you separated before July 1 of the tax year, the party with the child in the household can file HH/MLA (head of household/married living apart). If you have been paying spousal support during the tax year you don't want to file joint because you will lose the tax deduction for the support.

cadillac59 · Jan 9, 2009, 04:28 PM

Originally Posted by califdadof3

If you filed seperation papers then your not entitled to file jointly. Seperate means just that.

Here is the IRS codes for it and how it applies.

Tax Topics - Topic 353 What is Your Filing Status?

Hope that answers it.

No, the filing of the "separation papers" is not what the code is referring to.

"if you are legally separated from your spouse under a divorce or separate maintenance decree according to your state law, and you do not qualify for another filing status, your filing status is single. "

It's legally separated UNDER A DECREE (i.e. court Judgment) that disqualfies you from filing joint, not simply having opened a divorce case or case for legal separation.

For example, if you have a JUDGMENT (not that same thing as having gone to the courthouse and filed a case) of legal separation (a California cause of action) you cannot file MFJ, even though you are technically still married under California state law. True. But the judgment has to be entered for the rule to apply, and that often takes years. I think the rule as it applies to legal separation judgments is weird, but that's just the way it goes.