Do I have to file jointly on taxes if separated?

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 .

Big Stone Gap, VA -

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Attorney Answers (3)

David Alexander Browde

David Alexander Browde

Family Law Attorney - Chappaqua, NY
Answered

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... more
Robert Edward Fenster

Robert Edward Fenster

Personal Injury Lawyer - Altamonte Springs, FL
Answered

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

Bruce Givner

Bruce Givner

Tax Lawyer - Los Angeles, CA
Answered

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

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