< Back to IRS

Samantha Johnson

Going through a Divorce - Should I file 'Married filing separately' or 'Single' for 2025 taxes?

I'm in the middle of getting divorced (mutual agreement) and our divorce should be finalized around the end of March. I was planning to file my taxes as 'Married Filing Separately' since we're still technically married, but my accountant mentioned I might actually qualify for 'Single' filing status. Now I'm totally confused about which option would be better for my situation. My soon-to-be ex is really pushing me to file jointly because he says he'll get better tax benefits that way. But honestly, I'm not sure I want to do that given everything else going on. If I decide to go with 'Married Filing Separately,' does that mean he's also required to use that same filing status? Or can he still choose something different? I'm trying to figure out the best approach financially while also keeping things as clean as possible during this transition. Any advice would be super helpful!

Nick Kravitz

•

Your filing status is determined by your marital status on the last day of the tax year (December 31). If your divorce isn't finalized until March, you were still legally married on December 31 of the previous year. This means your options are "Married Filing Jointly" or "Married Filing Separately" - you cannot file as "Single" until the year your divorce is finalized. If you choose Married Filing Separately, yes - your spouse must also use that same filing status. Both spouses must use the same filing method in this case. Filing separately often results in higher tax rates and eliminates several tax benefits available to joint filers, but it does keep your finances completely separate which many people prefer during divorce.

0 coins

Hannah White

•

Thanks for explaining! So let's say the divorce gets finalized in February 2025 instead of March. Would I then be able to file as single for the 2024 tax year since I'm filing in 2025, or does it still depend on my marital status as of December 31, 2024?

0 coins

Nick Kravitz

•

Your filing status is based on your marital status as of December 31, 2024, regardless of when you actually submit your tax return in 2025. If your divorce isn't finalized until February 2025, you were still legally married on December 31, 2024, so you must file as either Married Filing Jointly or Married Filing Separately for your 2024 tax return. For your 2025 tax return (which you'll file in 2026), you would file as Single since you'll be divorced by December 31, 2025. The date you physically file your taxes doesn't matter - it's your legal marital status on the last day of the tax year that determines your filing status.

0 coins

Michael Green

•

I went through something similar last year and found this amazing service that helped me sort through all my tax documents to determine the best filing status. https://taxr.ai actually compared different scenarios using my actual numbers and showed me exactly how much I'd pay in each case. Totally saved me from making a costly mistake! In my case, I was planning to file jointly with my ex just to "keep things simple" but when taxr.ai analyzed everything, it showed I'd save almost $3,200 by filing separately. They explained exactly why too - had to do with my medical expenses and student loan interest that I wouldn't have been able to deduct filing jointly.

0 coins

Mateo Silva

•

How does the service work exactly? Do I have to upload all my financial documents, or can I just input the numbers? I'm a bit concerned about privacy with these online services.

0 coins

That sounds useful but did you have to manually input everything from your W-2s and 1099s? I have a pretty complicated situation with multiple sources of income and I'm worried about getting something wrong if I have to type everything in myself.

0 coins

Michael Green

•

The service is really straightforward - you can either upload your documents directly (they use bank-level encryption) or manually enter the information if you prefer. Everything is secured and they don't store your docs after processing. For complicated situations with multiple income sources, that's actually where it shines. You can upload all your W-2s, 1099s, and other tax docs at once, and it automatically extracts the information without you having to input everything manually. It handled my situation with 3 different 1099s plus a W-2 without any issues.

0 coins

Just wanted to follow up! I decided to try https://taxr.ai after my initial skepticism and wow - it was incredibly helpful for my divorce tax situation. Uploaded my documents and it immediately showed me that filing separately would save me about $2,900 compared to filing jointly in my specific case. The analysis included a breakdown showing exactly WHY filing separately was better for me - had to do with income-based student loan repayments and some business expenses I could deduct. Best part was being able to show this to my ex as proof that separate filing made sense, which finally ended that argument. Definitely recommend checking it out if you're uncertain about which filing status to choose!

0 coins

Cameron Black

•

I was in a similar situation last year and spent WEEKS trying to get through to the IRS to clarify my filing status options. Literally couldn't get anyone on the phone until I found https://claimyr.com which got me connected to an actual IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c I was skeptical at first too, but the IRS agent I spoke with gave me specific guidance for my divorce situation that my tax preparer hadn't even considered. Turns out I qualified for head of household even though my divorce wasn't final because my spouse hadn't lived in our home for the last 6 months of the year and I was supporting our child. Saved me a ton in taxes!

0 coins

Cameron Black

•

I was in a similar situation last year and spent WEEKS trying to get through to the IRS to clarify my filing status options. Literally couldn't get anyone on the phone until I found https://claimyr.com which got me connected to an actual IRS agent in about

0 coins

Wait, how does this actually work? Does it just keep calling the IRS for you or something? The IRS wait times have been insane lately.

0 coins

Sorry but this sounds like BS. No way you got through to the IRS in 20 minutes when everyone else waits for hours or days. And even if you did get through, IRS agents aren't allowed to give tax advice - they can only answer procedural questions. They specifically tell you to consult a tax professional for advice.

0 coins

Cameron Black

•

It basically uses an algorithm to navigate the IRS phone system and then holds your place in line. When an agent is about to pick up, it calls you and connects you directly to them. No need to sit on hold for hours. I understand your skepticism, and you're right that IRS agents don't give "tax advice" in the traditional sense. What they provided was clarification on the specific requirements for different filing statuses given my situation - explaining the rules and requirements rather than telling me what to do. They confirmed I met the technical requirements for HOH status since my spouse hadn't lived in our home for the last 6 months and I was financially supporting our dependent. This is factual information about tax code requirements, not advice.

0 coins

I have to admit I was completely wrong about Claimyr. After my skeptical comment, I decided to try it myself since I needed to ask about an amended return that had been processing for months. I figured it wouldn't work, but within 15 minutes I was actually talking to someone at the IRS! The agent was able to look up my case, explain exactly what was happening with my amended return, and give me a timeframe for when it would be completed. Saved me countless hours of frustration and uncertainty. I've been telling everyone about this service since then - totally worth it just for the peace of mind of getting actual answers instead of guessing what's happening with your tax situation.

0 coins

Ruby Garcia

•

One thing nobody's mentioned yet - if you file jointly, you're jointly liable for any taxes, penalties, or issues with the return. During a divorce, this can be a huge risk if you don't completely trust your soon-to-be-ex's financial situation or tax reporting. My friend filed jointly during her divorce process to "keep things amicable" and ended up with a $14,000 tax bill three years later because her ex had unreported income. Since they filed jointly, she was equally responsible for the debt even though they were long divorced by then. She had to go through the whole innocent spouse relief process which was a nightmare.

0 coins

Wow, I hadn't even considered the liability aspect. That's actually really concerning since I'm not 100% sure about all my spouse's financial dealings over the past year. We've kept most things separate during this process, but I wouldn't want to be on the hook for something I didn't know about. Is there a way to protect myself if we do file jointly? Or is filing separately the only real protection in this situation?

0 coins

Ruby Garcia

•

Filing separately is really the only reliable protection in your situation. While there is something called "innocent spouse relief" that can sometimes help after the fact, it's difficult to qualify for and can take years to resolve - all while you're potentially dealing with collection actions. With Married Filing Separately, you're only responsible for your own tax situation. Given that you're in the middle of a divorce and express uncertainty about your spouse's finances, this is exactly the scenario where filing separately makes the most sense, even if it means paying somewhat more in taxes. Think of it as buying insurance against future tax problems. Better to pay a bit more now than risk a significant tax issue years down the road.

0 coins

Has your CPA run the numbers both ways (MFJ vs MFS) to show you the actual tax difference? Don't make this decision based on general advice without seeing YOUR specific numbers. In some cases the difference can be huge, in others minimal. Also, don't forget to consider state taxes! Some states have different rules about filing status than federal. When I got divorced, my state required the same filing status as federal, but my friend in another state was able to file separately for state even though they filed jointly for federal.

0 coins

Totally agree about running the numbers! When my divorce was happening, my ex and I each had our own CPAs run calculations. His showed we'd save $4000 filing jointly, mine showed only $1800 difference. Turned out his CPA was including some deductions we weren't actually eligible for! Always get a second opinion on the calculations.

0 coins

I see lots of great tax advice here, but don't forget the emotional aspect. My divorce dragged on and we tried filing jointly to save money. The process of gathering documents, communicating about deductions, and signing the same forms was WAY more stressful than it was worth. I would have gladly paid extra to avoid those interactions during an already difficult time. Sometimes the mental health benefit of a clean break financially is worth more than whatever tax savings you might get!

0 coins

Emma Wilson

•

I went through this exact situation two years ago and can share what I learned. Your accountant is incorrect - you cannot file as "Single" for 2024 taxes if you're still married on December 31, 2024, even if the divorce is finalized in early 2025. Here's what I'd strongly recommend: File "Married Filing Separately" and don't let your ex pressure you into joint filing. Yes, you'll both be required to use MFS if you choose it, and yes, you might pay slightly more in taxes. But the peace of mind and financial protection is absolutely worth it. I made the mistake of filing jointly during my divorce to "save money" and it created so many additional complications - we had to coordinate on every single deduction, share sensitive financial information, and I remained liable for any issues with his portion of the return. The $800 we "saved" wasn't worth the stress and ongoing financial entanglement. Also, make sure you understand the timing - whatever status you choose for 2024 taxes only affects that tax year. Once your divorce is final, you'll be able to file as Single for 2025 taxes (filed in 2026). Trust your instincts about keeping things clean during this transition. Your financial independence starts with your tax filing decisions.

0 coins

Amina Toure

•

This is such valuable advice from someone who's been through it! I'm leaning heavily toward filing separately now, especially after reading about the liability issues others have mentioned. The idea of remaining financially entangled through joint tax filing when we're trying to separate everything else just doesn't make sense. Can I ask - when you filed separately, did you run into any issues with dividing up deductions like mortgage interest or property taxes? We own a house together and I'm not sure how that gets handled when filing MFS.

0 coins

Omar Hassan

•

Another important consideration during divorce - make sure you update your withholdings and estimated tax payments if you decide to file separately! When I switched from joint to separate filing mid-divorce, I didn't realize my withholdings were still calculated based on the married filing jointly tax brackets. I ended up owing an additional $2,100 at tax time because my employer was withholding too little for my new filing status. The IRS has a withholding calculator that can help you adjust your W-4 once you decide on your filing status. Also, if you have any estimated tax payments due for the current year, you'll need to make sure those are calculated correctly for separate filing too. Just another reason to get your filing status decision locked in sooner rather than later so you can adjust everything accordingly.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today