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

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

Fresno, CA -

Attorney Answers (3)

Bruce Givner

Bruce Givner

Tax Lawyer - Los Angeles, CA
Answered

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

Dana Whitney Atchley

Dana Whitney Atchley

Tax Lawyer - New York, NY
Answered

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.

www.nytaxcounsel.com

My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not... more
Todd Matthew Heine

Todd Matthew Heine

Tax Lawyer - Seattle, WA
Answered

Married filing separately...

Total Mobility Law is an international law firm that lets companies do global business with the knowledge and... more

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