Filing status

[Lyndsay]

I was divorced in June 2024, and we have previously filed married filled joint. My ex never changed his status so on December 31 he still claimed married filling joint and claimed me as a dependent. I changed my status as soon as the divorce was finalized to single. What should I do? 

[DianeW777]

You should file your return by mail and file as Single (possible other filing status available if qualified). Your return will not be accepted electronically because your name and social security number (SSN) are on another return.  I won't say not to try, but it's unlikely it will be accepted.  Filing status is always determined based on a taxpayer's status as of December 31st.

Your ex filed incorrectly so that return must be amended. When your return goes in the IRS will question this return. 

If you have children you may be able to file as Head of Household. See the information in the link below.  Also TurboTax will walk you through the questions as you prepare your return.

• Guide to Filing Head of Household

[Lyndsay]

I do have children. I need To clarify, my ex has NOT filed his taxes yet. But he never changed his filing status with his employer when we were divorced. So he still claimed me. If he hasn’t filed will the IRS still deny my returns? 

[DoninGA]

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@Lyndsay  wrote:

I do have children. I need To clarify, my ex has NOT filed his taxes yet. But he never changed his filing status with his employer when we were divorced. So he still claimed me. If he hasn’t filed will the IRS still deny my returns? 

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What is is selected on a W-4 that is given to an employer for withholding federal income taxes has no bearing whatsoever on the filing status you enter on your tax return.

[DawnC]

No, the filing status he reported to his employer will have no effect on your tax return.

[Lyndsay]

OK as previously stated above, I will need to mail my taxes because they won’t get accepted due to my name being on his or something. That’s why I’m not sure what to do. What about mutual things we have together? Do we just decide who gets to claim it? 

[RobertB4444]

No, if he has not filed his tax return yet then both of you should file your returns and put your status as single or head-of-household if you are claiming the children.  You are both single since you were divorced before December 31st.  You can file electronically.

Your ex has not had enough money taken out of his paycheck since he still has you on there.  So he may owe some money.  But that has nothing to do with your return.

Items you share you can decide between yourselves who claims them unless it was written in the divorce decree.  The children should be claimed by the person that they lived with for more than half of the year.  If that is both of you then you can just decide.

@Lyndsay