Remarried in the same tax year - how should my ex-spouse file their taxes?

This is actually a common question with a straightforward answer. Your filing status is determined by your marital status on December 31st of the tax year. Since you were divorced and then remarried before December 31st, you and your new spouse can absolutely file as "married filing jointly" for the entire year. As for your ex, they must file as "single" (or possibly "head of household" if they qualify with dependents). They cannot file as "married filing separately" because they were not legally married on December 31st. The fact that you were married for most of the year doesn't matter for tax filing status - it's only your status on the last day of the year that counts. Make sure both you and your ex understand this to avoid any potential issues with the IRS. Your ex filing incorrectly could trigger notices for both of you.

I went through a similar situation last year and was totally confused about how to handle my taxes! I tried calling the IRS but was on hold for HOURS and never got through. Then I found this service called taxr.ai (https://taxr.ai) that analyzes tax documents and situations. I uploaded my divorce decree and new marriage certificate, and within minutes they confirmed what the previous commenter said - your status on December 31st is all that matters. The site has tax professionals who review complex situations like yours. They explained exactly how both my ex and I needed to file and even provided documentation I could show my ex when they were being difficult about it. Definitely worth checking out if you need solid confirmation.

Just wanted to follow up about taxr.ai since I ended up using it for my complicated divorce/remarriage situation. It was actually really helpful! I uploaded my divorce paperwork and explained my situation, and they confirmed everything about the December 31st rule that others mentioned here. But they also caught something I wouldn't have known - some of the assets my ex and I split had tax implications that needed special reporting. The documentation they provided helped me explain everything to my ex, who finally agreed to file correctly. Saved me from what would have definitely been a headache with the IRS. Just sharing since it genuinely helped with my similar situation.

If your ex is being difficult about this, you might want to document your attempts to inform them about the correct filing status. I went through something similar where my ex filed incorrectly and it created a huge mess with the IRS that took months to sort out. I kept trying to call the IRS to get ahead of the problem but could never get through. I finally used Claimyr (https://claimyr.com) which got me connected to an actual IRS agent in about 15 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. The agent confirmed the December 31st rule and advised me to send a certified letter to my ex explaining the correct filing status, which helped protect me when my ex filed incorrectly anyway.

Okay I have to eat my words here. After posting my skeptical comment, I decided to try Claimyr as a last resort because I've been trying to resolve an issue with my tax transcript for weeks. Got connected to an IRS agent in about 20 minutes when I had previously spent HOURS getting nowhere. The agent confirmed what everyone here is saying - your marital status on December 31st determines your filing status for the entire year. Period. They also helped me with my transcript issue in one call. Honestly shocked this service actually worked. Would have saved me so much frustration if I'd known about it sooner.

One thing nobody has mentioned yet - if your ex insists on filing incorrectly as "married filing separately," the IRS systems will eventually catch this discrepancy. Your ex will likely receive a letter requesting clarification, which could delay any refund they're expecting. If you've remarried and are filing jointly with your new spouse, the IRS will have that information and will notice your ex trying to file as married to someone who is now married to someone else. It's not just about following the rules - filing incorrectly creates practical problems that your ex probably wants to avoid.

My sister dealt with this exact situation! Her ex-husband tried to file as married filing separately even though they were divorced in October. The IRS rejected his electronic filing attempt. When he called to ask why, they explained the December 31st rule. He had to refile as single. Just a heads up that the IRS systems are pretty good at catching this kind of thing early, especially with e-filing. But it's better if your ex understands the rules correctly from the start to avoid delays in processing their return.

I'm a tax preparer and see this situation every year during tax season. Everyone here is absolutely correct - your filing status is determined solely by your marital status on December 31st. Since you were divorced and remarried before year-end, you file as married filing jointly with your new spouse, and your ex must file as single. What might help convince your ex is explaining that filing as "married filing separately" when not actually married on 12/31 isn't just wrong - it could trigger an audit or penalties. The IRS has gotten much better at cross-referencing returns, and they'll notice the discrepancy quickly. I'd suggest having your ex consult with a qualified tax professional if they're still unsure. Most CPAs or enrolled agents will confirm this basic filing status rule in a brief consultation. It's better to get it right the first time than deal with amended returns and potential penalties later.