I am divorcing - can my spouse file taxes without me?

Asked about 3 years ago - Oklahoma City, OK

I filed for divorce in October of 2010, the divorce is still pending (July 2011). Up until October 2010, my entire paycheck was given to my spouse for living (mortgage, insurance, bills, food, clothing, etc.). I was given $10 a week allowance for any outside expenses. I had the minimal amount of taxes withheld and spouse had the maximum. Spouse has gone and filed married filing separate. Spouse received a huge return. In my filing - I am left owing a massive amount of money. Is this legal?

Attorney answers (3)

  1. Brian Scott Piper

    Contributor Level 15

    Answered . Yes, it is legal. When filing your tax return you can legally file joint, provided both agree, or file married filing separate.

    However, the rules regarding how to file under the IRS code is really not the issue. The real question is the equitable division of the assets and debts of the marriage. The divorce court can make adjustment for the marital funds that were deposited under his social security number as opposed to the funds deposited under your social security number. Make certain that your attorney understands that these funds were deposited inequitably and that an adjustment should be made at the final hearing.

  2. Steven J. Fromm

    Contributor Level 20

    Answered . I agree with the prior attorney. Since he filed MFS, you had no choice but to do likewise. The disproportionate sharing of taxes due must be equalized via your divorce settlement agreement.
    Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below and/or designate my answer as best answer. Thanks.
    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net . For further tax advice check out his website at www.sjfpc.com . and his blog at <>

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more
  3. William F. Kunofsky


    Contributor Level 9

    Answered . You are entitled to file your return as married filing separate. Hoqwever, your focus should be on the split up of the marital property. It appears that the husband may have taken a greater share and your attorney can pursue this issue. Hope this is helpful.

    This answer is not legal advice.and does not constitute tax advice. This answer does not provide advice related to... more

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