Divorce, Separation and Selection of Tax Status for Filing

I have previously discussed some of the tax issues related to divorce, maintenance and dependency exemptions.  As the tax season approaches, here is some additional information that may be of assistance.

In a typical divorce, unless the parties have been legally separated prior to December 31, they are still able file a joint return.   By filing a joint return, both spouses will be jointly and separately liable for any errors, omissions or deficiencies on the tax return.   If the parties are going through divorce, the issues related to division of any tax refunds may also become complicated.

If you are legally separated from your spouse, you are able to file as a head of household if you provided more than half the cost of keeping up a home for a child, dependent parent, or other qualifying relative for more than half the year.  According to the IRS, to claim head of household, you must either be unmarried or considered unmarried on the last day of the year.  In addition, the Abandoned Spouse rule may be applicable.   In order to qualify under the rule, if you and your spouse lived apart for the last six months of the year, you would be considered unmarried for the purpose of this filing status under the Abandoned Spouse rule.  If you meet the other two requirements for this status, you would be eligible to file as Head of Household.  The other two requirements are as follows:  1) paying more than half of the cost of keeping up a home as of the last day of the tax year;  2) a dependent child or other relative lived with you for more than half the year or you have a dependent parent (dependent parents are not required to live with you).

A party is required to file as single if he or she was unmarried as of December 31, or if legally separated as of the end of the year and does not qualify for another filing status.

There are other tax advantages and disadvantages that depend on the filing status elected by the party.  Please note that the above discussion is not tax advice, and these issues should be discussed with your tax professional.

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