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Can my ex and I file married jointly after divorce?

Haltom City, TX |

Our divorce was not final until September 9, 2010. Since we were married for 8 months out of the year can we still file married jointly.

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Attorney answers 3


No, marital status is determined on the last day of the year for tax purposes.

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Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties in the state of Pennsylvania. He phone number is 215-735-2336 and his email address is listed below.
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Only the last day of the year matters. You can be married or single for the other 364 days of the year, but your filing status is determined on the the last day of the year. The divorce or marriage must be final as of the day. For more information on why filing status matters, see the below link.

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Marital status is determined on the last day of the tax year. If you are not married on the last day of the year you cannot file as married filing jointly,

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.