W-4 and Divorce

[Chall1709]

I am in the middle of a divorce and my husband has always claimed me on his taxes. How do I go about changing that and what are the implications if he still claims me throughout this year before the divorce is finalized?

[Bsch4477]

He can’t claim you if unmarried at the end of the year. Change your W—4 to single. 

[xmasbaby0]

A spouse can NEVER  be claimed as a dependent, so you must be confused about that.   Have you and your spouse been filing joint tax returns?  

If you are divorced before the end of 2024, you will each have to file as Single for 2024------or if one of you is the custodial parent of the children, that person might be able to file a Head of Household.  Do you have children?

[marctu · Accepted solution]

First, take care of yourself through this time of your life.   Speaking from experience, this change like others will pass.   

While a spouse may be a dependent in a financial sense they cannot be one for tax purposes. Essentially, you can't claim someone as a dependent for the tax year unless that person is your qualifying dependent: either a qualifying relative or qualifying child.  So while your spouse may have filed a married filing jointly tax return you were not a dependent of his on that tax return.  

As a lawyer it is a good idea to check with your counsel on any issue relating to the divorce.  There will be implications that a divorce decree may cover for the year of your divorce and subsequent years depending on of you have dependents or not.   In the year you are divorced your filing status will be single or head of household if you have a qualifying dependent.  

I wish you the best on this change @Chall1709  Remember to take care of yourself!