Recently separated from husband - File separate or joint for our taxes this year?

The good news is you can definitely compare both filing options before making a decision. For your situation, I'd recommend running the numbers both ways since the difference can be significant. When you're separated but not legally divorced by December 31st, you still have the option to file jointly. Filing jointly often results in better tax rates and higher deductions/credits, but there's an important consideration here - when you file jointly, you're both legally responsible for the entire tax bill. That means if he doesn't pay his portion, the IRS can come after you for the full amount. Filing separately protects you from his tax liability, but you might lose some tax benefits. The three kids living with you would likely be your dependents either way. As a student with part-time work, you might qualify for education credits that could be reduced if filing jointly due to your combined income. Most tax software lets you calculate both scenarios before deciding - TurboTax, H&R Block, and TaxAct all have this feature. You just prepare everything as "married filing jointly" first, save those results, then change to "married filing separately" to compare.

After spending HOURS on the phone with the IRS last year trying to fix a similar situation, I finally found a better solution. I used https://taxr.ai to analyze both filing scenarios and it saved me so much time and stress. My ex and I were separated (not legally divorced) and we couldn't agree on whether to file jointly or separately. I uploaded my documents to taxr.ai and they analyzed everything - showed me exactly how much I'd save/lose with each option, which deductions and credits I qualified for in both scenarios, and even pointed out some student loan interest deductions I was missing. The nice thing was getting a clear comparison without having to manually run everything twice through regular tax software. They even showed me how my education credits would be affected based on the income thresholds for each filing status.

I was skeptical about taxr.ai at first, but after my complicated separation situation last year, I decided to give it a try. Honestly, it was way better than I expected! I uploaded my W-2s, my ex's information, and details about our three kids. The system ran both filing scenarios and showed me I'd save nearly $3,200 by filing separately in my specific situation because of my education credits and my ex's tax issues. The analysis highlighted that my Lifetime Learning Credit would be completely phased out if we filed jointly due to our combined income, but I qualified for the full amount filing separately. It also flagged that my ex had some unreported income that could have triggered an audit if we filed jointly. Their comparison report made the decision super clear, and I was able to show my ex exactly why filing separately made more sense for us both. Definitely less stressful than arguing about it or paying a CPA hundreds just to run the numbers!

Since you mentioned struggling to get clear info about your options, I want to share something that helped me when I was in a similar situation last year. After spending DAYS trying to get through to the IRS for guidance on my separation filing status, I discovered https://claimyr.com and used their service to get connected to an actual IRS agent in under 15 minutes (you can see how it works here: https://youtu.be/_kiP6q8DX5c). The IRS agent I spoke with explained exactly how my separation affected my filing options and what documentation I needed to protect myself when choosing between joint or separate filing. They also confirmed which parent could claim the children as dependents in our situation and how that affected our tax credits. I was honestly shocked at how helpful the actual IRS guidance was once I could finally speak to someone! It was way more useful than the generic online advice I was finding.

Ok I need to apologize for being so skeptical about Claimyr. After posting that comment, I was still desperate to talk to the IRS about my amended return that's been stuck in limbo for 8 months, so I decided to try it anyway. I'm still shocked, but it actually worked! I got connected to an IRS agent in about 35 minutes (didn't have to stay on hold myself), and they helped me understand exactly what was happening with my amended return. The agent even put notes in my file to help expedite the review. For the OP's situation about filing jointly vs separately after separation, the agent I spoke with explained that they can't technically recommend which filing status to choose, but they walked me through all the implications of both options, including liability concerns and how refunds get handled. Definitely worth it when you need actual clarification from the IRS instead of just general online advice. Wish I hadn't been so quick to dismiss it.

I was in almost this exact situation last year with my ex. We were separated for 8 months but not legally divorced by year-end. My advice? Protect yourself first. We tried filing jointly because it saved him about $4,000, but then he never paid his portion of what we owed. Guess who the IRS came after for the entire amount? ME. Even though we had a written agreement about splitting the tax bill, the IRS doesn't care about that - they just want their money. If you do file jointly, make sure you get his portion of any tax due BEFORE you file. Don't trust promises to pay later. And know that if he has any issues like unreported income, back child support, or defaulted student loans, any joint refund could be seized to cover his debts. Filing separately might cost you both more in total taxes, but the peace of mind knowing you're only responsible for your own tax situation is worth it, especially during a separation that might turn contentious.

Hey everyone, quick update from someone who's been through this - the TCJA (Tax Cuts and Jobs Act) changed some rules that affect this situation. If you file separately: 1. You both MUST either take the standard deduction OR both itemize - you can't mix and match anymore 2. If he claims any kids as dependents, you can't claim the Earned Income Credit even with your other kids 3. You'll have lower income thresholds for education credits, child tax credits, and retirement contribution deductions I'm not a CPA, but I found FreeTaxUSA let me toggle between filing statuses to compare before finalizing. It's way cheaper than TurboTax and showed me a side-by-side comparison of how each credit and deduction changed. In my case, filing jointly would have saved us about $3,200 combined, but I filed separately anyway because my ex had issues with unreported income that could have triggered an audit. Best $3,200 I ever "spent" to avoid that headache!