turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Announcements
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

tiggerlala7
Returning Member

married filing jointly

My ex and I are technically still married but we haven't been together for 7 years. We live in different states and he puts me on his taxes filing jointly. I have no income but my question is can he actually do this? I have been told it asks if you live together 6 months out of the year and if you answer no it wont let you continue with you taxes. 

x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

3 Replies

married filing jointly

If it's only the two of you, what he's doing is legal, if you sign the returns. The six months question isa factor only if there are children living with one of the spouses. Since you have no taxable income, no impact on you. It would cost him much if he had to file Married Filing Separate - his only other legal option.

tiggerlala7
Returning Member

married filing jointly

we do have 3 children that live with me. I have no income other then money I get from him for child support so I cant claim them. and  do not sign anything he does them electronically I have never been told I have to sign.

married filing jointly

If you are legally married you have the option to file as married filing jointly or married filing separately.  You are not required to live together to file a joint tax return.  As SuperUser Rainman said, the six month thing you cited is for a situation in which a custodial parent who has income could file as Head of Household and claim the children as dependents if the couple lived apart for at least the last six months of the tax year.  According to you, you have no income--so filing a tax return as Head of Household would be of no benefit whatsoever to you.  Without income earned from working, you would not qualify for any child-related credits or any sort of tax refund.

Your estranged spouse should have your permission to file a joint return. He can file electronically without you physically signing anything.   You would be prudent to give him permission to do so, so that he can get the tax benefits of filing a joint return.  That means he gets child-related credits and perhaps is in a better financial position to pay the child support you and the kids live on.  It does not sound as if you have anything to gain by objecting to a joint return.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question
Manage cookies