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Divorced, reconciled, can we file taxes jointly????

Austin, TX |

my husband and i finalized our divorce in january 2012 then got back together (living together as well) in march; can we file our taxes jointly or do we have to file seperately???

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Filed under: Divorce Tax law
Attorney answers 3


You can't file jointly if you're not actually married. The IRS rules, like most other legal rules, concern themselves with legal relationships, not with emotional ones.

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You cannot file married filing jointly OR married filing separately as you two are not legally married. Since you are divorced your only options would be to file Single or Head of Household (if you have dependents).

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Ms. Smith is licensed to practice law throughout the state of Florida with offices in Duval County. She is authorized to handle IRS matters throughout the United States. Her phone number is 888-741-0272 and her email address is



even in texas that recognizes "informal marriage"? we still claim each other as spouses and have joint accounts, we also have a daughter and another child on the way.

Angie Lee Smith

Angie Lee Smith


No, you still cannot claim them as a spouse for purposes of filing your return with the Federal government. The IRS has strict rules on this and there is not much delineation. One of the two of you can claim your daughter & file HOH & the only (assuming they have no other children) would file Single.


The determination of your filing status depends on your marital status on the last day of the tax year. If you are still divorced as of 12/31/12, then you can only file as single, or head of household if you have dependents you support. There is a bit of a wrinkle for Texas, which does have comman law marriage. Therefore, in Texas, if you hold yourself out as married, then you could be considered married as of the last day of the year, and file married filing joint (or married filing separate). You might want to discuss the marital status issus, including whether you may be married under common law, with the family lawyer that handled your divorce.

This information is provided for educational purposes only, and is not to be relied upon as legal advice. You should consult with an attorney with full disclosure of all facts and opportunity to consider all or alternative options.

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