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New Member
posted Apr 17, 2022 1:06:01 PM

Am I able to file married filing separately while legally seperated?

0 3 563
3 Replies
New Member
Apr 17, 2022 1:11:16 PM

Yes, but only if your spouse also agrees to file separately.

New Member
Apr 17, 2022 1:12:42 PM

Yes, you can file separately anytime you wish.  As long as you include all information on both forms (your filing and your spouses filing) you'll be good to go.

Level 15
Apr 17, 2022 1:13:22 PM

The IRS only recognizes legal separation if it required separate maintenance (similar to alimony) and cannot be easily undone - about the same process as a divorce and requires a court order.   Only a few states recognize legal separation.   Legal separation allows you to file as single which is much better then Married filing separately.

 

Why would you want to file MFS if you can file single - no advantage and a lot of disadvantages?