How to file taxes during divorce - joint or separate filing when divorce isn't final?

You actually have options here. Since you were legally married on December 31, 2024, the IRS considers you married for the entire tax year. This means you can choose to file either: 1) Married Filing Jointly - which generally provides better tax benefits but requires cooperation and sharing refunds/liabilities 2) Married Filing Separately - which gives you more separation but typically results in higher tax rates and loss of certain credits However, there's a potential third option! If you've been living apart from your spouse for the last 6 months of the year, have a dependent child who lived with you for more than half the year, and paid more than half the costs of keeping up your home, you might qualify to file as Head of Household. This status offers better tax rates than Married Filing Separately. Given your situation where trust is an issue, Married Filing Separately might be your best option even if you pay a bit more in taxes. With joint filing, both spouses are fully liable for the entire tax bill and any potential issues like unreported income.

After my divorce dragged on for almost 2 years, I was in the same situation trying to figure out how to file. I discovered taxr.ai (https://taxr.ai) which was super helpful in sorting through this exact problem. I uploaded my documents and it analyzed my specific situation, telling me which filing status would save me the most money given my circumstances. The tool showed me that even though Married Filing Separately would keep my finances separate from my ex (which I desperately wanted), I'd be paying about $3,200 more in taxes than if we filed jointly. But it also helped me understand all the potential risks of filing jointly with someone I didn't trust anymore. Really helped me make an informed decision instead of just guessing.

OMG thank you so much for recommending taxr.ai! I was in the middle of a nightmare divorce situation exactly like the original poster. After seeing your comment, I decided to try it out. I uploaded my W-2s and other tax documents, and it immediately showed me that I qualified for an exception I didn't know about that saved me nearly $4,800 compared to how I was planning to file! The analysis also highlighted potential red flags if I filed jointly with my ex who has some questionable business deductions. That alone was worth it since I definitely don't want to be on the hook for any of his tax shenanigans. The peace of mind knowing I'm filing correctly while protecting myself has been amazing during this stressful time.

When I was going through my divorce last year, the IRS kept giving me different answers every time I called about my filing status options. Super frustrating! I finally used Claimyr (https://claimyr.com) to get through to an actual IRS agent who could give me a definitive answer. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c They got me connected to an IRS representative in about 15 minutes when I had been trying for WEEKS on my own. The agent was able to look at my specific situation and confirm that while I could file separately, I actually qualified for a special provision related to my separation that saved me a bunch of money. Without that conversation, I would have filed incorrectly and paid way more in taxes.

I have to admit I was completely wrong about Claimyr. After posting that skeptical comment, I was desperate to figure out my divorce tax situation and decided to try it anyway. Within 20 minutes I was talking to an actual IRS representative who went through my specific divorce situation in detail. The agent explained that because of my specific separation circumstances and the timing of our divorce filing, I had options I didn't know existed. Ended up saving over $3,100 by filing with the correct status and claiming deductions I would have missed. I was about to file separately and lose a bunch of credits I actually qualified for! Honestly wish I had known about this service months ago instead of stressing and getting nowhere trying to call myself. Sometimes being proven wrong is actually a good thing lol.

One thing to consider - if your divorce involves alimony or property transfers, filing status can have big implications. My divorce wasn't final until March 2025 (for 2024 taxes), and we ended up filing jointly one last time because: 1. We saved about $4,700 combined by filing jointly vs separately 2. We had a written agreement about how to split the refund 3. Our divorce attorney included tax filing in our separation agreement We put everything in writing about who would claim what, how refunds would be split, etc. This protected both of us. Without that agreement, I'd have filed separately even though it cost more.

Whatever you do, don't do what I did! I let my almost-ex talk me into filing jointly "one last time" during our separation year. Big mistake! He had undisclosed gambling income he hadn't been reporting and guess who the IRS came after for the unpaid taxes? BOTH OF US. Since we filed jointly, I was on the hook for HIS tax problems even though we were separated! I had to file for innocent spouse relief which was a whole other nightmare. If I could go back in time, I would have filed separately and paid the extra tax - would have been WAY cheaper than dealing with his tax mess.

I went through almost the exact same situation! My divorce took 18 months to finalize and I was so confused about filing status. Here's what I learned from my tax preparer: Since you're still legally married on Dec 31st, you have to choose between Married Filing Jointly or Married Filing Separately. Given that you don't trust your ex with finances (totally understandable), I'd strongly recommend filing separately even if it costs more in taxes. When you file separately, you're only responsible for your own tax return and any issues that come up. With joint filing, you're both liable for the entire tax bill AND any problems like unreported income or questionable deductions your ex might have. A few things to watch out for when filing separately: - If one spouse itemizes, both must itemize (you can't mix standard deduction with itemizing) - You lose some credits like the Earned Income Credit - Student loan interest deduction is limited - You can't claim education credits But honestly, the peace of mind of not being tied to his tax issues was worth paying a bit extra. During divorce proceedings, protecting yourself financially should be the priority. You can always file amended returns later if needed, but you can't undo the liability issues that come with joint filing if things go sideways.