Going through a Divorce - Should I file 'Married filing separately' or 'Single' for tax filing?
I'm in the middle of what thankfully is a pretty amicable divorce, but we won't have the final paperwork until late March. I've been talking to my tax person about filing options, and they surprised me by saying I might be able to file as 'Single' instead of 'Married Filing Separately' which is what I initially thought. My soon-to-be ex is really pushing for us to file jointly because he says he'll get better tax breaks that way. I'm not comfortable with that for several reasons, but now I'm torn between these other options. If I do end up filing 'Married Filing Separately,' does that automatically mean he has to use the same status? Or can he still file differently? I'm trying to make the right choice for my situation without causing unnecessary drama during this already stressful time.
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Eve Freeman
Your filing status is determined by your marital status on the last day of the tax year (December 31st). Since your divorce won't be finalized until March of this year, you were still legally married on December 31st of last year. This means you can't file as 'Single' for last year's taxes - your options are either 'Married Filing Jointly' or 'Married Filing Separately.' If you choose 'Married Filing Separately,' then yes, your spouse would also need to use this filing status. The IRS requires that if one spouse files separately, the other must do the same. This sometimes results in higher overall taxes compared to filing jointly, which is likely why your ex is pushing for joint filing.
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Clarissa Flair
•But what if we've been living apart for over 6 months? I heard there's some kind of exception for that situation? My friend went through something similar and said she was able to file as 'Head of Household' even though her divorce wasn't final.
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Eve Freeman
•That's a great question. If you lived apart from your spouse for the last six months of the tax year AND you have a dependent child who lived with you for more than half the year, you might qualify for 'Head of Household' status, which generally provides better tax benefits than 'Married Filing Separately.' Without a dependent, unfortunately, your options remain 'Married Filing Jointly' or 'Married Filing Separately' until your divorce is finalized. Even with separation, the IRS still considers you legally married until the divorce decree is issued.
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Caden Turner
After my messy divorce last year, I was in the exact same boat and spent hours trying to figure this out until I found taxr.ai (https://taxr.ai). It's this AI tool that analyzes your specific situation and helps clarify which filing status you qualify for. I uploaded my separation agreement and it immediately identified that I qualified for Head of Household even though my divorce wasn't final yet because of my situation with the kids. The tool explained all the requirements for each filing status based on my specific circumstances rather than generic advice I was getting elsewhere. It even pointed out some deductions I would have missed filing on my own.
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McKenzie Shade
•Does it actually work with complicated situations? I'm technically still married but we've been separated for 9 months, have a temporary custody agreement, and I've been paying support. Would it catch all those details?
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Harmony Love
•I'm a bit skeptical about AI tax tools. How does it compare to working with an actual CPA? My situation involves a business we both own and property in two states, so accuracy is super important.
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Caden Turner
•It absolutely works with complicated situations. The system is designed to handle all the nuances of separation, custody arrangements, and support payments. It asks detailed questions about your specific circumstances and provides guidance based on your answers. For complex business situations involving shared ownership and multi-state property, it's incredibly helpful because it can analyze the tax implications across different scenarios. Many CPAs actually use similar AI tools behind the scenes, but this gives you direct access. It doesn't replace professional advice for extremely complex situations, but it can definitely help you understand your options before making any decisions.
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McKenzie Shade
Coming back to share my experience with taxr.ai! After asking about it last week, I decided to give it a try with my complicated separation situation. I was honestly blown away by how thorough it was. The system asked me specific questions about my living situation, dependents, and the timeline of my separation. It turns out I actually DO qualify for Head of Household status even though my divorce isn't final! The tool explained exactly why (because I have a qualifying dependent and have lived separately for more than 6 months) and even cited the specific IRS rules that apply to my case. My tax refund is going to be about $3,800 more than if I had filed Married Filing Separately like I originally planned. Wish I'd known about this earlier!
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Rudy Cenizo
For anyone struggling to get straight answers from the IRS about their filing status during a divorce, I highly recommend Claimyr (https://claimyr.com). After waiting on hold with the IRS for HOURS trying to get clarification about my specific situation, I was ready to give up. Then I found Claimyr which got me connected to an actual IRS agent in less than 20 minutes. The agent walked me through exactly what documentation I needed to support my filing status choice given my separation timeline. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. Seriously saved me so much stress and prevented potential issues with my return.
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Natalie Khan
•Wait, how does this actually work? Do they just call the IRS for you? Couldn't you just call yourself?
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Daryl Bright
•Yeah right. No way this works. I've been trying to get through to the IRS for 3 weeks. If this actually worked, everyone would be using it. Sounds like a scam to me.
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Rudy Cenizo
•They don't just call for you - they use a proprietary system that navigates the IRS phone tree and waits on hold, then calls you when an actual agent is on the line. You can check the demo video to see exactly how it works. You absolutely could call yourself, but the average wait time for the IRS is currently over 2 hours, and many calls just get disconnected due to high call volume. The service basically does the waiting for you so you don't have to sit by your phone for hours. I was skeptical too, but when I got a call back with an actual IRS agent on the line after just 18 minutes, I became a believer.
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Daryl Bright
So I feel like an idiot for being skeptical about Claimyr in my earlier comment. My curiosity got the better of me and I tried it this morning. No joke - I got a call back in 15 minutes with an actual IRS representative on the line! I've been calling for weeks trying to get answers about my divorce and tax filing status. The IRS agent confirmed I had to file as Married Filing Separately since my divorce won't be final until May, but she also explained some credits I can still claim in this situation that my ex's accountant told me I couldn't. Probably saved me around $2,000. Just wanted to post a public apology for being a jerk and say this service actually delivers.
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Sienna Gomez
One thing nobody's mentioned yet - if you do file Married Filing Separately, be aware that you'll lose access to several valuable tax credits like the Earned Income Credit, education credits, and the child and dependent care credit. Also, your standard deduction will be half of what it would be filing jointly. You might want to calculate your taxes both ways before deciding. In some situations (like if one spouse has significant medical expenses or unreimbursed employee expenses), filing separately can actually be beneficial despite losing the credits.
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Val Rossi
•Thanks for bringing this up! I'm definitely going to run the numbers both ways. What about retirement account contributions? I've been putting money in a Roth IRA - does filing status affect that?
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Sienna Gomez
•For Roth IRA contributions, filing status definitely affects the income limits. If you file Married Filing Separately and lived with your spouse at any time during the year, you can only make a full Roth contribution if your modified adjusted gross income is less than $10,000. This is much lower than the limits for other filing statuses. If you lived apart from your spouse for the entire year, then you're treated as single for Roth IRA purposes, which means higher contribution limits based on your income. Definitely something to consider when making your decision.
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Kirsuktow DarkBlade
Has anyone dealt with a situation where you owned a house together during the divorce process? We're selling our house as part of the divorce but it won't close until after we file taxes. Not sure how to handle this on my return if I file separately.
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Abigail bergen
•Went through this exact situation last year. If you file separately, you can each deduct mortgage interest and property taxes proportionate to how much each of you paid. So if you paid 60% of these costs, you can deduct 60% of them. Keep good records though - my ex tried to claim more than their share and we both got audited!
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Carmella Fromis
Just wanted to add another important consideration that hasn't been mentioned - if you're receiving any kind of spousal support or alimony payments during the separation, this can significantly impact which filing status makes the most sense financially. If you're the one paying support, you can deduct those payments when filing separately (but not if you file jointly). If you're receiving support, you'll need to report it as income regardless of filing status. This could push you into a higher tax bracket or affect your eligibility for certain credits. Also, don't forget about state taxes! Some states have different rules than federal, so even if you're required to file as Married Filing Separately for federal taxes, your state might have different options available. Worth checking with a local tax professional who knows your state's specific rules.
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NebulaNomad
•This is such an important point about spousal support! I'm actually receiving temporary support payments during our separation, and I hadn't even thought about how that would affect my tax situation. Do you know if the amount of support I receive could disqualify me from certain deductions or credits? I'm worried this might push me into a situation where filing separately actually costs me more than I expected.
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