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bnichols56lee
Level 2
February 28, 2024
Question

single vs. married filing sepertly

  • February 28, 2024
  • 4 replies
  • 36 views

My wife and i have been legally separated and living apart since sept. 2023

she refuses to file married so do i file single or married filed separate?

its a large $ difference between the 2 filings

    4 replies

    MinhT1
    Alumni - Intuit
    February 28, 2024

    It depends on whether you are legally separated (you have a decree of separate maintenance) or just separated.

     

    The IRS says in this document:

    If you're separated but not legally separated or divorced at the end of the year 

    The IRS considers you married for filing purposes until you get a final decree of divorce or separate maintenance.

     

    In this case, if you don't agree to file jointly, you must file Married filing Separately.

    If you're legally separated or divorced at the end of the year

    You must file as single for that tax year unless you're eligible to file as head of household or you remarry by the end of the year.

    **Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"
    bnichols56leeAuthor
    Level 2
    February 28, 2024

    we have been legally separated since sept. 2023, so file single ?

    MinhT1
    Alumni - Intuit
    February 28, 2024

    IF your state has a legal separation status that the federal government recognizes, you MAY be able to file as single, but you should contact a local tax preparer or attorney who can advise you of your specific situation.

     

    @bnichols56lee

     

    [Edited 03/03/24 | 5:27AM PST]

    **Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"
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