If we are planning to get divorce/annulment after a month can I put I am single on my tax forms this year?

Asked almost 2 years ago - Irvine, CA

We got married so i could get on his health insurance plan, but he decided after the fact, he really isn't ready yet. We have no shared assets or children together. Is it okay to put single on tax forms even though the paperwork isn't complete yet?

Attorney answers (4)

  1. Donald Frederick Conviser

    Contributor Level 19


    Lawyer agrees

    Answered . No. You aren't single, so you can't file as single until the divorce judgment or annulment judgment are entered in the Court records. You can file "married filing jointly" if you file with your husband, or you can file "married filing separately", until your marriage is dissolved or annulled. Filing the case, or planning to file the case doesn't qualify you to file your income taxes as single when you are in fact married.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
  2. Matthew Jason Staub

    Contributor Level 12

    Answered . Is there a reason why you want to file as "single" on your 2012 returns? You could always file as "married filing separately."

    Circular 230 Disclaimer: To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this... more
  3. Ross Carlton Meltzer


    Contributor Level 14

    Answered . No. You cannot since you were married on the last day of the end of the calendar year (December 31st, 2012). Therefore, the only filing statuses you should consider are married filing jointly or married filing separately. You should speak with a CPA and a Tax Attorney for further clarification.

    None of the information on this site constitutes legal advice. It is an ad for attorney services. The attorneys at... more
  4. Richard Forrest Gould-Saltman

    Contributor Level 19

    Answered . You may not be able to get an annulment; "we decided we didn't want to be married after all" isn't sufficient grounds for an annulment. If, as of the end of 2012, you weren't divorced, and the marriage hadn't been voided, then, as of the end of 2012, you were legally married, and if you claim "single", you're committing tax fraud.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Annulment of marriage

Under certain conditions, a marriage may be annulled. An annulment retroactively makes it as if the marriage never existed.

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