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My husband and I are still legally married, but seperated 11/2012. How should I file my taxes?

Fresno, CA |
Filed under: Tax return Tax law

I would obviously like to get the maximum return but he already filed single. Can I still file married filing seperately?

Attorney Answers 3


Unless you have a final decree of legal separation, then you and your estranged husband were still married for 2012 and neither of you can file as single. Instead, not only may you file as married filing separately, you must file as married filing separately.

However, be prepared for the IRS to question your return; they will compare your return to his return - not the least because you're required to put his name and social security number on your return even if you're filing as married filing separately - and when they see you filing as married filing separately and him filing as single they'll want to know why.

Good luck.

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

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2 lawyers agree


Married filing separately. The other gentleman who answered is absolutely correct.

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1 comment

Ann Elizabeth Block

Ann Elizabeth Block


But if you have children at home, you could file as head of household.


Married filing separately...

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