@JFrustratedHusband wrote:
My wife and I have been living separate for 2.5 years now, but at this time we are not legally separated, although we are going through the divorce process.
At this time, she is refusing to co-operate so I can file my taxes, as I still need to know her AGI and how many deductions she claimed. Through the divorce process so far, I do have access to a copy of her W-2 form, and it appears that although we made similar wages last year, she has a lot more tax taken out than I did, so I am thinking she may have filed as single. as opposed to married filing separately, as I am trying to do. What are my options at this time?
You do you.
You file married filing separately. You might be able to file as head of household if you provide care in your home for a qualifying dependent who lives in your home more than half the year. You don't need to know anything about your spouse other than her social security number.
If you are in a community property state, your income might not be community property after the separation, but you probably need to get attorneys and accountants involved to be able to file correctly. Don't struggle with an uncooperative spouse, that's what attorneys are for.
If your spouse has more tax taken out that might just be a choice to get a larger refund or they might not know what they're doing, it's not your problem.
If your spouse takes itemized deductions and you take the standard deduction, the IRS will eventually send you a letter saying that is not allowed, you must itemize, at which time you can submit an amended return listing whatever deductions you have (something is better than nothing, because the standard deduction if your spouse itemizes their deductions is zero.) If you know ahead of time that they will itemize that is useful to you so you can itemize now, but it is not essential. Likewise, if you itemize and your spouse does not, your spouse will get an IRS letter. But it's not your problem. You do you.
