Pending Divorce Does Not Change Marital Status for Income Tax Filing

Q.:  My spouse and I are going through a divorce, but it has not been finalized.  Should I file my income tax return as a married person or as a single person?

A.: If at income tax time the divorce is still pending, then you still are married and that is the status that must be used.

Q.: Can we file separately, or must we file a joint return?

A.: Most people in your situation reach a decision together, or through their attorneys, on how to file their income tax return.  They look at what is most beneficial to both of them and the family.

Q.:  If we decide to file a joint return and there is a refund, who gets the refund?

A.: It depends.  People generally reach a mutual decision celebrity porn
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themselves and/or with the advice of their respective attorneys on how any income tax refund will be divided.  Likewise, if there is an amount due the IRS, the same principle will apply.

Q.:  What if we can’t agree?

A.: If the divorce is close to being final, the attorneys and court may suggest that you file for an extension so that the issue can be addressed in the Final Judgment Entry of Divorce.  Or, if the divorce is likely to continue beyond any extension period, the court may hold a hearing on the issue and make the decision for you.

The information contained herein is general and should not be applied to specific legal problems without first consulting with one of our attorneys.


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