How can I find out if my ex-husband filed taxes without me? Also, do I file as married filing separately or single?

Asked almost 5 years ago - Fort Worth, TX

I was married in 2003 & my husband & I filed taxes together in 2004. That was the last time I filed or authorized anything. I was out of work & due to issues with my SS number I couldn't get one until we were divorced.

He left me without warning & I haven't had any contact with him since the end of 04. Our divorce wasn't finalized until last year since I had no way to contact him. I had to scrape to get by & had help from family & shelters. I had no money since he left me with nothing!

How do I find out if he filed as married without me within the last 5 years & am I eligible to get anything back from that?

Additional information

The divorce went through in July.

Attorney answers (3)

  1. Theodore W. Robinson

    Contributor Level 20

    Answered . You may wish to ask the IRS how he filed, married or single, and if he filed married and took you off as a deduction, you could file a claim against him through them.

    If you are now divorced you can file singly. In fact, you could file that way if you were still married, but living singly. But please check with a local tax preparer or accountant just make sure.

    Good luck.

  2. Thuong-Tri Nguyen

    Contributor Level 20

    Answered . The IRS is not going to tell you how your former husband filed his tax returns or anything else on the returns unless your name was also on the returns as a taxpayer or he signs a release to let you have the information.

    If you were one of the taxpayers on the return, you have a right to get a copy of the return from the IRS. To get a copy, you fill out Form 4506, free at www.irs.gov . If you just want the information on the return, you can get the tax transcript for free. If you want a photocopy of the return filed, you have to pay money for each return.

    Your tax filing status is determined by the facts on 31 December.

    "am I eligible to get anything back from that?" That should have been determined in the divorce proceeding.

    You should promptly review your facts with an attorney in the state where your divorce took place to see if you have options.

  3. Henry Daniel Lively

    Contributor Level 20

    Answered . You can get a copy of your tax transcript by calling the IRS. It will show whether you filed jointly. You can not access your husbands information. Also, your husband cannot legally file a joint tax return without you signing it. You should file as single after the divorce.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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