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Dylan Mitchell

What would be my correct tax filing status for 2023 if my divorce was finalized in July?

I'm trying to figure out what filing status to use for my 2023 taxes. My divorce was finalized in July 2023, so I was legally married for about half the year and single for the other half. We were separated the whole time before the divorce was official. Now I'm confused about whether I should file as Single, Married Filing Jointly, or Married Filing Separately. Which option would give me the better tax advantage? Anyone know what the IRS considers my status when the divorce happened mid-year like this?

Your filing status is determined by your marital status on the last day of the tax year (December 31, 2023). Since your divorce was finalized in July 2023, you were legally single on December 31, so you would file as Single for the entire 2023 tax year. Even though you were married for part of the year, the IRS only cares about your status on that final day of the year. You cannot file as Married Filing Jointly or Married Filing Separately because you were not legally married on December 31, 2023. The only exception would be if you have qualifying dependents - then you might qualify for Head of Household status, which offers better tax rates than Single. To qualify, you would need to pay more than half the cost of keeping up a home for yourself and a qualifying dependent.

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Thanks for clarifying! I do have a follow-up question. I have two kids who lived with me after the divorce. Does that mean I should be filing as Head of Household instead of Single? And does it matter that my ex and I shared custody 50/50 for the latter half of the year?

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If your children lived with you for more than half the year (so more than 6 months total in 2023), you likely qualify for Head of Household status. Even with 50/50 custody after the divorce, if they were with you before that, you might meet the "more than half the year" requirement. Head of Household would definitely be more advantageous than filing as Single, as it gives you a higher standard deduction and more favorable tax brackets. You'll also need to have paid more than half the costs of maintaining the home where you and the children lived.

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Dmitry Volkov

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Had a similar situation last year and was confused about my filing status after my divorce. I found this service called taxr.ai (https://taxr.ai) that really helped me figure it out. You upload your documents or explain your situation, and they give you personalized tax guidance. In my case, I wasn't sure if I qualified for Head of Household or had to file as Single after my divorce. The tool analyzed my custody agreement and expenses, then confirmed I qualified for Head of Household which saved me about $2,000 compared to filing as Single. Their analysis included specific references to IRS rules that applied to my situation.

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Ava Thompson

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How accurate is this taxr.ai thing? I've been burned by online tax tools before that missed important details about my filing status. Does it actually connect you with a real tax professional or is it just another algorithm?

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CyberSiren

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I'm curious - does taxr.ai help with determining which parent gets to claim dependents after a divorce? My ex and I argue about this every year and our divorce decree isn't very clear about it.

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Dmitry Volkov

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It's actually really accurate - uses advanced AI to analyze tax rules, but also has tax professionals who review complex cases. I was skeptical too but their analysis referenced specific IRS publications and tax court cases relevant to my situation. Yes, it definitely helps with dependent claims after divorce! You can upload your divorce decree and custody agreement, and it will analyze who has the legal right to claim the children based on IRS rules and your specific situation. It even creates documentation you can use if there's a dispute with your ex.

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Ava Thompson

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Just wanted to update about my experience with taxr.ai after my post above. I decided to try it with my complicated divorce/dependent situation, and I'm honestly impressed. The system identified that I could claim Head of Household even though my divorce wasn't finalized until September because I met the "considered unmarried" requirements. It also showed me exactly which IRS rules applied (Publication 501 specifically) and explained why I qualified. This was a huge help because my ex-spouse and I were both planning to claim the same filing status and dependents. Having documentation with citations to back up my position saved me from a potential audit headache.

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If you're having trouble getting answers from the IRS about your filing status after divorce, try Claimyr (https://claimyr.com). After my divorce, I had questions about dependency exemptions that weren't covered clearly in my decree. Spent DAYS trying to get through to the IRS with no luck. Claimyr got me connected to an actual IRS agent in about 15 minutes when I'd been trying for weeks on my own. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. The IRS agent confirmed I could file as Head of Household and explained exactly which parent could claim which child based on our custody arrangement. Totally worth it for the peace of mind.

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Zainab Yusuf

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How does Claimyr work exactly? Do they just call the IRS for you? Couldn't I just keep calling myself until I get through?

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CyberSiren

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Yeah right, no way this actually works. I've tried calling the IRS dozens of times this year. They just put you on hold forever and then disconnect you. No way some service can magically get through when millions of people can't.

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They use a system that automatically navigates IRS phone trees and waits on hold for you. When an agent picks up, you get a call connecting you directly to them. It saves you from having to wait on hold yourself for hours. You could keep calling yourself, but most people (including me) gave up after being on hold for hours only to get disconnected. With Claimyr, I just went about my day and got a call when they reached an agent. I spoke directly with an IRS representative who pulled up my account and confirmed my filing status options given my divorce date.

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CyberSiren

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Update: I feel really stupid for being so skeptical about Claimyr in my comment above. After another frustrating morning of failed IRS call attempts, I decided to try it. Within 45 minutes, I was literally talking to an IRS representative who answered all my post-divorce filing questions. The agent confirmed that since my divorce was finalized in August, I need to file as Single, not Married Filing Separately like my ex suggested. She also verified that with our current custody arrangement, I'm eligible to claim our youngest as a dependent while my ex claims our oldest. Wish I had done this months ago instead of stressing about it!

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Something nobody's mentioned yet - if you qualified as "unmarried" for tax purposes before your actual divorce, you might have been able to file as Head of Household even earlier. According to IRS rules, you're "considered unmarried" if: 1) You file a separate return 2) You paid more than half the cost of keeping up your home 3) Your spouse didn't live in your home during the last 6 months of the year 4) Your home was the main home for your child for more than half the year 5) You can claim the child as a dependent Just throwing this out there because a lot of separated-but-not-divorced people don't realize this option exists!

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That's really helpful! So technically even if my divorce wasn't finalized until July, if we were living separately since 2022 and I meet those other criteria, I could potentially file as Head of Household? How would I document this if I get audited?

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Yes, exactly! If you were living separately since 2022, and you meet all the other criteria I listed, you could potentially qualify as Head of Household even before the divorce was finalized. For documentation, keep records showing separate residences (lease/mortgage documents, utility bills), proof you paid more than half of household expenses (receipts, bank statements), and documentation showing your children lived with you for more than half the year (school records, medical records, childcare receipts). Also maintain any legal separation paperwork or documentation showing when your spouse moved out.

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Yara Khoury

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Don't forget to check if your state has different rules than federal! I got divorced mid-year in 2022 and found out my state requires you to use the same filing status for state that you use for federal, but some states let you file differently. Almost messed this up and had to redo everything.

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Keisha Taylor

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This is a really good point. I live in Missouri and they required me to use the same filing status for state and federal after my divorce, but I have a friend in Kansas who was able to file differently. Definitely check your specific state rules.

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Yara Khoury

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Thanks for confirming this happens in other states too! It's so confusing because tax software doesn't always warn you about this state-specific stuff. I spent hours redoing my returns last year because of this exact issue.

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