Should I file tax as married or single.? Now single but was married from January 1st to December 7 of the year.

I got divorce decree december 7 2012. I claimed married on my federal and state tax form with 2 kids. I have changed the forms with my employer, now that I want to file tax, will I file single or married since I was married throughout the whole 2012 mostly, and if I file single, Will I owe any money? Thanks for your explanation and help ahead.

Newport, KY -

Attorney Answers (3)

Howard M Lewis

Howard M Lewis

Divorce / Separation Lawyer - Framingham, MA
Answered

the date to focus on is 12.31.2012, if you were single then, you must file single. take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
Karen J Lapekas

Karen J Lapekas

Tax Lawyer - Miami, FL
Answered

You will have to file according to your marital status at the end of the year (12/31/2012). Accordingly, if you were not married on that date, your filing status will be single.

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Dana Whitney Atchley

Dana Whitney Atchley

Tax Lawyer - New York, NY
Answered

For federal income tax purposes you should file as single. Under federal tax law you determine whether you're married or single on the last day of the year, and that determination applies for the entire year. The IRS has a publication that discusses many of these issues - Publication 17 - the relevant part of which you can review online here: http://www.irs.gov/publications/p17/ch02.html

So, even though you were married for all but 24 days of 2012, because you were divorced on December 31, 2012, the IRS considers you to have been single for all of 2012.

I do not know if you would have a different filing status for the purposes of Kentucky state law, so you should check with the relevant state tax publications, or contact the Kentucky tax agency directly if it's not clear from their publications or the instructions on their tax forms.

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

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