Skip to main content

Do I have to file jointly on taxes if separated?

Big Stone Gap, VA |

My husband and I separated at the end of Oct . 2011 . He didn't pay enough taxes on our retirement that he'd drawn out and spent w / o my knowledge . I thought there might be a return in 2012 and agreed to file taxes . He didn't even have money to file . ( i am a homemaker , no income ) . He owes 5 - k . I don't want to file jointly , since i did not make any income and don't want to be responsible for the taxes since he took the retirement money . Is this possible ? He may take those papers and file before long .

Attorney Answers 3

Posted

You are not required to file jointly ever. Whether it is in your interest to do so is something you should discuss with your accountant.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

Mark as helpful

2 found this helpful

2 lawyers agree

1 comment

Asker

Posted

Our taxes were prepared by someone in 2012, but it was held off from being filed because my husband didnt have the money.So my name is on it.What can I do , other than telling him I don't want my name on it?

Posted

Sorry, but an accountant is best qualified to answere your questions about tax matters.

Mark as helpful

1 lawyer agrees

Posted

No: you do not have to file jointly if you are separated.

Mark as helpful

1 found this helpful

Marriage and prenups topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics