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I have to start this answer with “Why do you do want to file
married separate in a community property state?” It is rare that this works out
better. Unless you have an overwhelming reason to file married
separate, I would file married joint and lump all your expenses together. But please read on...
Normally, expenses of the “community” are split 50-50 (see the text below), so that you might get to deduct half and your spouse might get to deduct half. But you must exceed the 10% (7.5% if you are over 65) of your adjusted gross income (“AGI”, line 37 on the 1040) in order to be able to deduct any medical expenses at all on Schedule A. Splitting your expenses in half just makes that more difficult. And remember that when filing married separate, that if one of you itemizes, both of you have to itemize.
The IRS says on this subject:
"Question: My spouse and I are filing separate returns. How do we split our itemized deductions? Answer:
If you and your spouse file separate returns and one of you itemizes deductions, the other spouse must also itemize, because in this case, the standard deduction amount is zero for the non-itemizing spouse.
See the IRS FAQ on Deductions.
If the money in your separate account came from community income (i.e. money that either one of you made while married that can’t be considered separate under the law – and by default most income is community income unless proven otherwise – then I would consider that a common account, even if your spouse’s name is not on it.
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