my husband and I separated in nov 2013 and didn't live together one day of 2014. we went to court and agreed to the divorce settlement agreement in early dec 2014 (divorce final 3/15). is this considered a "decree of divorce" in RI so I can file taxes as single? If I have to file "Married filing separately" I'll lose the ability to take some education deductions. Please help.
In order to be divorced in RI a 'Final Decree' must be signed by the judge who presided over the case. This order is generally entered 90 days following the court hearing date. Check with your attorney to find out if this has been completed. Also, you should check with your accountant as to your filing status.
For federal tax purposes, if you are unmarried on the last day of the tax year, you are considered single. for the entire year You must have a final decree of divorce signed by a judge to be considered unmarried. Make sure you check with your divorce court's clerk's office to confirm that such a final decree of divorce has been entered.
You can file as single if you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree. State law governs whether you are married or legally separated under a divorce or separate maintenance decree. So if the decree was final In March, 2015, that does not sound like you can file as single in 2014. Of course, check with a family law attorney in Rhode Island.
No question that for purposes of filing the 2014 return-you are considered a married person. This issue should have been addressed in the divorce settlement. So you either file married but filing separate or you file a joint return with your husband-if of course the two of you agree.
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