Can I file tax as Married Filing Jointly even if I lived apart?

Asked over 1 year ago - Boston, MA

My wife left the country last year. We are in the process of getting divorced (no decree yet) while she is living overseas. Can I file under the status 'Married Filing Jointly' even though we did not live together for most of 2012

Attorney answers (4)

  1. Eric P Rothenberg

    Pro

    Contributor Level 12

    7

    Lawyers agree

    Answered . Yes as long as you both report worldwide income and she signs the tax return.

    Eric P. Rothenberg, P.C.
    Orsi Arone Rothenberg
    160 Gould street
    Suite 320
    Needham, MA 02494
    781-239-8900
    FAX:781-658-2203

  2. Alex R. Hess

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Yes, you can file a joint income tax return. As long as you are both still married, and as long as you report both your income and her income. Remember, if you are filing jointly, even if you live apart, both you and your spouse are telling the IRS that you both are choosing your residence as the address listed on your return. Therefore, to make sure all notices and mail is sent to the correct address, put your address with your income, and your spouses overseas address on the return as well.

    Also important, a tax return MUST be signed by both parties. Therefore, your spouse will have to sign the tax return BEFORE you file it. You need to get permission from your spouse and have whoever prepares your tax return fill out her income as well.

    You may not need an attorney for this - but due to the potential complications, you should probably discuss this with a C.P.A.

  3. Bruce Givner

    Contributor Level 18

    2

    Lawyers agree

    Answered . Mr. Rothenberg gave you the correct. answer.

  4. Brian Joseph Munson

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Yes, you can file a joint return, however, you still need her permission and consent to do so. You cannot file a joint return without her signature, and signing the form for her or without her knowledge can cause serious issues to arise in the future.

    This answer does not establish an attorney-client relationship, Moreover, this attorney is Licensed to practiced... more

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