After divorce do you need to reinstate your previously filed joint tax returns?

[jk92]

Hi,

I have 2 questions:

1. If my husband and I are separating, but we won`t be able to finalize everything this year. So, we still need to file as Married this year. Last few years we filed a joint tax returned. Can we file as married filed separately this year?

2. When you are divorced, do you need to reinstate prior-year tax returns that were filed jointly? If in the future I am asked to show my tax returns for the last 3 years, but I don`t have an individual tax return since I filed jointly how is it going to work?

Thank you in advance!

[xmasbaby0]

If you are still married at the end of 2019 then your filing choices are to file jointly or married filing separately.  You cannot file as Single.    Or if you have lived apart for at least the last six months of 2019, the one who has been the custodial parent of your children may be able to file as Head of Household--the other one would file MFS.

If you were legally married at the end of 2019 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $24,400 (+$1300 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit.

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

Not sure what you mean by "reinstate your previously filed joint returns."  You do not go back and change your prior year returns after divorce.  You will both want copies of those tax returns for your own records.

[xmasbaby0]

Am I Head of Household?

https://ttlc.intuit.com/questions/1894553-do-i-qualify-for-head-of-household

https://ttlc.intuit.com/questions/2900097-what-is-a-qualifying-person-for-head-of-household

If you qualify as Head of Household, when you enter your filing status (single or married filing separately) into Personal Info, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.

[DoninGA]

1. If my husband and I are separating, but we won`t be able to finalize everything this year. So, we still need to file as Married this year. Last few years we filed a joint tax returned. Can we file as married filed separately this year? -

Yes, you can file as Married Filing Separately, regardless if you filed jointly in the past.  However, in most cases, if you both agree, you should file jointly in 2019 as in most cases it is the most beneficial way to file a tax return when legally married.

See this TurboTax support FAQ for filing jointly versus separately - https://ttlc.intuit.com/community/married/help/is-it-better-for-a-married-couple-to-file-jointly-or-...

2. When you are divorced, do you need to reinstate prior-year tax returns that were filed jointly? If in the future I am asked to show my tax returns for the last 3 years, but I don`t have an individual tax return since I filed jointly how is it going to work?

No, you do not amend a prior year tax return to change your filing status due to a future divorce.  If ever asked for your individual income from a prior year joint tax return, you should have copies of your W-2's and/or Form 1099's for your income.