Divorce in progress - Should I file 'Married filing separately' or can I file 'Single' for my taxes?

If you're still legally married on December 31st of the tax year, your filing status options are generally limited to either "Married Filing Jointly" or "Married Filing Separately." Since your divorce won't be finalized until March of this year, you would have been legally married on December 31st of last year, which means you cannot file as "Single" for that tax year. If your spouse files as "Married Filing Separately," you must also use that status. The IRS requires consistency - either both of you file jointly, or both file separately. You can't mix and match filing statuses when you're married. Generally, "Married Filing Jointly" provides more tax benefits than "Married Filing Separately" - the latter often results in higher tax rates and disqualifies you from certain deductions and credits. However, I understand there can be situations during divorce where filing separately makes more sense to keep finances separate.

After my messy divorce last year, I was so confused about my tax situation until I found this AI tax assistant at https://taxr.ai that literally saved my sanity! I uploaded my documents and explained my situation about being in the middle of divorce proceedings, and it gave me super clear guidance about my filing status options. It even helped me understand the specific tax implications of filing separately vs. jointly during my divorce transition. The tool explained exactly what I was eligible for based on my separation date and divorce timeline. What I found most helpful was that it showed me the actual financial difference between my filing options with real numbers, which made my decision so much easier.

I just wanted to come back and say I tried https://taxr.ai after seeing the recommendation here, and wow! I was really surprised by how thorough it was. It helped me understand that as the custodial parent, I have the primary right to claim my kids as dependents, and clearly explained how Form 8332 works if I wanted to release that claim. The tool also showed me that Head of Household status would actually save me thousands compared to Married Filing Separately in my situation, which I didn't even realize was an option! It walked me through exactly which requirements I needed to meet to qualify. My divorce isn't final yet, but because I've been living separately with my kids for more than half the year, I can use this much better filing status. Seriously a game-changer for my refund!

If you're struggling to get answers directly from the IRS about your divorce tax situation, I highly recommend trying Claimyr. I was in a similar situation last year - my divorce was dragging on, and I had specific questions about innocent spouse relief that the IRS website didn't clearly answer. I tried calling the IRS myself and spent HOURS listening to hold music before getting disconnected. Then I found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c. They got me connected to an actual IRS agent in about 15 minutes instead of the hours I wasted trying myself. The agent gave me official guidance on my filing status options during my pending divorce and confirmed I was making the right choice for my situation.

I need to apologize for my skepticism about Claimyr. After dismissing it, my divorce tax situation got more complicated when my ex claimed we should file jointly despite our separation. I was desperate for official guidance from the IRS but couldn't get through on my own after multiple attempts. I reluctantly tried https://claimyr.com, and I'm shocked to admit it actually worked exactly as promised. Got connected to an IRS agent in about 20 minutes who confirmed I could file as Head of Household since I've been separated and supporting our child. The agent also explained exactly how to document my situation in case of questions later. Saved me hours of frustration and potentially thousands in taxes by getting official confirmation I was eligible for a more beneficial filing status than Married Filing Separately. Sometimes being wrong feels pretty good!

Just a heads up - if your divorce won't be final until March, you're still legally married for last year's taxes (Dec 31 status is what matters). BUT you might qualify for "Head of Household" status which is MUCH better than Married Filing Separately if: 1) You paid more than half the cost of keeping up your home for the year 2) Your spouse didn't live in the home for the last 6 months of the year 3) You have a qualifying dependent (like your child) Head of Household gives you better tax rates and keeps you separate from your soon-to-be-ex. Worth looking into if your situation matches these requirements!

Im curious what your CPA meant by saying you could file as "Single" when youre not officially divorced. Maybe they meant Head of Household?? Thats the only other option I can think of if your still technically married but living apart.

Just went through this exact situation last year. Whatever you do, make sure you understand what your divorce decree will say about future tax filings for any children involved. My ex and I had to go back to court because our decree didn't clearly specify who could claim our daughter in which years, and it was a huge headache. Get that spelled out clearly now to save yourself future problems!