Skip to main content

I file divorce and I am going to file my tax.

Sunnyvale, CA |
Filed under: Divorce Tax law

I file divorce last month and i am going to file my tax.
They told me I have to file my tax with my wife because we are still married in 2012.
My question is If we file tax together it can effect the divorce procecing time.
And how I can make sure that my wife she will divided the tax return with me.

+ Read More

Attorney answers 4


You should file your tax returns using the filing status "married filing separately" which means that you would only report your own income and your own deductions.

That being said, if your relationship with your wife is still on good enough terms, you could file as married filing jointly, but the IRS will not issue two checks for any refund so you'll have to work out with your wife how to make sure you get part of the refund. One possible solution would be for her to give you cash equal to half of the refund now and then she can keep the entire refund when she gets it.

My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dana@nytaxcounsel or visit my website at


How you file your taxes does not affect your divorce.

I am not aware of any rule requiring you to file jointly, although your tax preparer may know of reasons why it is a good idea for you to do so.

If you file jointly and get a refund, the refund will be payable to both of you, so you would both need to sign the check.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

Bruce Givner

Bruce Givner


David is correct.


The parties can either file a joint tax return, or you can file married but separate. If you file a joint return, the check will come in both your names. Your tax person can advise you in regard to which filing would be best for you.

This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

Bruce Givner

Bruce Givner


John is correct.


You only want to file jointly if you think there will be no issues when it comes to splitting the refund. If you guys are not getting along at all, file as Married Filing Separately and save yourself a headache.

Tax Attorney
Tax Lawyer - Seattle
Tax Lawyer - Bellevue
Tax Lawyer - Everett
Tax Lawyer - Renton
Innocent Spouse Relief Bellevue WA
Seattle Business Tax Attorney
IRS Tax Penalties Bellevue WA
Back Tax Returns Bellevue WA
IRS Tax Problem Help Bellevue WA
Offer In Compromise Bellevue WA
Payroll Tax Problem Bellevue
IRS Tax Audit Bellevue WA

Get Avvo’s 10-part divorce email series

A weekly guide with tips and legal advice for each stage of the process.

Divorce topics

Recommended articles about Divorce

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