Full time student getting married, can my parents still claim me as a dependent?

Asked over 3 years ago - Pomona, CA

Hello.

I am currently a full time student and my parents claim me as a dependent. I will be getting married in the summer and was wondering if my parents can still claim me as a dependent. I have no income other than financial aid, and my parents provide more than half of my support during the year. My girlfriend's parents also support her full time and claim her as a dependent, but she has $4,000 in income from a part time job and filed a tax return this year as a dependent.

Can both our parents continue claiming us? Will we I be required to file a tex return even though I have no work income?

Thank you.

Attorney answers (2)

  1. Henry Daniel Lively

    Contributor Level 20

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    Best Answer
    chosen by asker

    Answered . If you do not file a joint income tax return your parents can still claim you on their income tax return. If you girlfriend claimed herself as a dependent her parents cannot also claim her on their return. She would have to file separately and not claim herself for her parents to be able to claim her.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response... more
  2. Bryant Keith Martin

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You cannot be claimed as a dependent if you and your husband file a joint return. IRC Sec. 152(b)(3) The only exception is if neither of you has any income and you file a return only to get a refund. If your husband has income, he must file a return but you need not join him in a joint return if you have no reportable income.
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    DISCLAIMER–This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California.
    (Bryant) Keith Martin
    sbbizlaw.com

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