I wanted to follow up with information on filing statuses, community property states, innocent spouse relief, and how they may apply to your situation. I've included links to more information within this post.
Legally Separated - if you're legally separated (meaning you went to court) on December 31 of the year, you will file as either Single OR Head of Household (if you have a qualifying dependent)
Separated, not legally - if you're not legally separated, you will file either Married Filing Jointly (yes, you can still do this if you agree to), Married Filing Separately, or possibly Head of Household (if you have a qualifying dependent AND you have NOT lived with your spouse during the entire last six months of the tax year, AND you paid more than half the cost of keeping up your home.
If you live in a community property state (AZ, CA, ID, LA, NV, NM, TX, WA, WI), you may be required to allocate income and deductions between you and your spouse.
If your spouse is self-employed, the tax liability for their work will be considered a joint liability. If this is the case, you may want to consider filing with a Form 8857 Request for Innocent Spouse Relief. This form requests relief from tax liability, plus related penalties and interest, when one believes only their spouse or former spouse should be held responsible for all or part of the tax.
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