How to complete Form 8958 for Married Filing Separately without spouse's W2 in a community property state?

This is definitely a tricky situation, but you do have options! Form 8958 is used to allocate community income when you're married filing separately in a community property state. Without your spouse's W2, you can file Form 8958 using your best estimate of their income. The IRS understands that separated couples often don't have perfect information about each other's finances. You should document your attempts to get this information (emails, texts requesting the W2), which shows you made a good faith effort. You can also file your return with a statement attached explaining that you don't have access to your spouse's income information. Include any details you do know (their employer name, approximate income from previous years). Another option is to request a filing extension using Form 4868, which gives you until October to file. This might give you time to obtain the information through your divorce proceedings.

I was in almost the exact same situation last year and found an amazing solution with https://taxr.ai - they helped me navigate the whole Form 8958 nightmare when my ex wouldn't share any financial docs during our separation. Their document analyzer was able to help me figure out what I needed to report on my MFS return in our community property state. The thing that surprised me was how they helped me understand what information I actually needed versus what I could legally estimate. Their system actually has specific features for handling community property allocation with limited information from uncooperative spouses.

I need to admit I was totally wrong about taxr.ai in my previous comment. After my ex refused to provide his income info for our MFS return in Arizona (another community property state), I tried the service out of desperation. Their system actually walked me through exactly how to complete Form 8958 with limited information, including the proper documentation to attach explaining my situation. They provided templates for the explanation statement and showed me how to make reasonable estimates based on prior year information. The IRS accepted my return without any issues, and I finally got my refund last week. Wish I'd known about this option before spending weeks stressing about it!

If you're still struggling with your spouse not sharing tax info, you might want to try Claimyr (https://claimyr.com). After dealing with similar issues, I couldn't get a straight answer from regular IRS phone support because the wait times were ridiculous. Claimyr got me through to an actual IRS agent in about 15 minutes who confirmed exactly how to handle Form 8958 without complete spousal information. They have a video showing how it works: https://youtu.be/_kiP6q8DX5c - it's basically a service that navigates the IRS phone system for you and calls you back when an agent is available. Saved me hours of hold music and frustration.

I have to eat my words about Claimyr. After posting that skeptical comment, I was desperate enough to try it because my tax deadline was approaching and I still couldn't get through to the IRS about my community property allocation issues. To my complete surprise, I got a call back in about 20 minutes and was connected to an IRS representative who specifically handled community property issues. They confirmed that I could file Form 8958 with just my information and a statement explaining why I couldn't provide my spouse's details. The agent even emailed me sample language to use in my explanation statement. Definitely worth it just for the peace of mind knowing I was doing everything correctly.

Something nobody mentioned yet - you can actually request your spouse's wage information directly from the IRS using Form 4506-T. Check box 8 and you can get a transcript that shows their reported income. It might take a few weeks to process but could help you complete the form correctly.

Has anyone mentioned allocation rules? In community property states, you typically need to report half of the TOTAL community income on your return, regardless of who earned it. So without his W2, you're really in a bind.

I went through something very similar during my separation in California. The key thing to understand is that you're not required to have perfect information to file Form 8958 - you just need to make a good faith effort to comply with the law. Here's what worked for me: I filed using only the information I had access to (my own income) and included a detailed statement explaining that my spouse refused to provide their W2 despite multiple requests. I documented every attempt I made to get the information - saved screenshots of texts, emails, etc. For the community property allocation, I used the prior year's tax return to estimate what my spouse's income might have been, then clearly noted this was an estimate based on limited information. The IRS accepted my return without any issues. The most important thing is to be transparent about your situation and show that you've made reasonable efforts to get the missing information. Don't let your spouse's lack of cooperation prevent you from filing on time. The IRS deals with these situations more often than you might think, especially with separated couples.

I want to echo what others have said about documenting your good faith efforts - this is absolutely crucial for your situation. The IRS recognizes that separated spouses often can't access each other's financial information, and they have procedures in place for exactly these circumstances. One thing I haven't seen mentioned yet is that you should also consider reaching out to your divorce attorney (if you have one) about this tax issue. They might be able to compel your spouse to provide the W2 information through the discovery process, since financial disclosure is typically required in divorce proceedings anyway. Even if it's too late for this tax year, it could help for future years while your divorce is pending. In the meantime, file with what you have using the approaches others have outlined - make reasonable estimates based on prior year information, attach a detailed explanation of your situation, and document all your attempts to obtain the missing information. The key is showing the IRS that you're acting in good faith and not trying to hide income or avoid taxes. Don't let your spouse's refusal to cooperate put you at risk for late filing penalties. You have legitimate options to move forward, and the IRS understands these situations happen during separations.