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Can we file joint tax return after filing for joint bankruptcy and is divorcing at the same time?
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Thuong-Tri Nguyen

Thuong-Tri Nguyen

Contributor Level 9
Until you and your spouse are legally divorced from each other and as long as you are married with each other on the last day of the calendar year, the two of you generally have the option of filing together for that year.

However, whether a joint tax return should be filed is another matter. Sometimes it is better to keep the finances separate.

You should review with your attorney whether you should file a joint tax return with your spouse. Keep in mind that a joint tax return would make you liable for any deficiency in taxes. For example, your spouse may forget to file some income or claim more deductions than allowable.

On the other hand, claiming "married filing separately" status would prevent the taxpayer from claiming several credits and deductions.
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