Date of separation in divorce filing and taxes

Attorney answers (3)

1. Licensed in CA

   

   Isileli Mataele

   San Diego Litigation Lawyer

   Contributor Level 18

   1

   Lawyer agrees

   Answered May 08, 2012 05:43. The parties' are responsible for figuring out how to file taxes between them. If one person has the business then they should be doing the taxes for the business.

   This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to... moreThis is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts. less

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2. Licensed in CA

   

   Kristine Blagof

   San Diego Family Law Attorney

   Contributor Level 7

   1

   Lawyer agrees

   Answered May 08, 2012 11:25. You should have filled out what the date of separation was on your filing. If this in contested then simply show proof of living in separate places (or rooms) to the court. There is a difference between having access to business income and having a right to it. If you are still entitled to a portion of that income then you can be taxed on that portion. It all depends on how you work this out or in the event of litigation what the court determines in regards to the matter.

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3. 

   Dana Atchley

   New York Tax Lawyer

   Contributor Level 14

   Answered May 12, 2012 15:34. Whether you're responsible for income tax for 2012 depends on one of two things: (1) at least part of the income belongs to you - that is, you have the legal right to demand and receive money or other property from the income that belongs to you, or (2) you file a joint income tax return for 2012 with your spouse (assuming that this was still a possibility).
   
   Since it appears from your post (though it's not entirely clear) that your separation may have been final as of the end of 2011, alternative (2) is most likely not an option, which leaves only option (1).
   
   So, in order to get any sort of a useful answer, you will have to clarify whether or not any of the business income that will be earned in 2012 will belong to you - that is, do you have any sort of an ownership interest in the business?

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