Yes, but under Rule 3. And logic tells us that's because the IRS is saying that though 'married' these spouses are in fact living apart and in essence there is likely little to no community combination of income as that spouse living part isn't participating in life of the married community. That is not my situation. And yes, I understand hat 'community property' applies to those assets or debt acquired within the community of the married life but it also very much applies to the act of getting divorced. At divorce, each ex takes 1/2 and goes their separate and equal way. And although I very very much appreciate your answers as well as your staying with me on this until I fully understand what to do, or keeping this thread active until it catches notice of others in my situation demanding the IRS provide a definitive example and answer, I'm seeing that this still isn't answered because my situation is not the USUAL and is also not the CURRENT year. If they are going to create a look back for the EIC that EIC Pub ought to be revised to cover the possible permutations. And divorces this year are most certainly UP, income is most certainly DOWN, so I'm not alone.
