I just got divorced in 2018 and my ex filed married jointly for 2017 although we had 2 different households and he claimed paying all expenses which he didn’t. Can I change my filling only for myself
Yes, if you did not sign the return or consent to filing jointly you can mail your return. Married filing separately would be your filing status, unless you meet the rules for a more favorable status. Be sure to select paper file because your return will be rejected if you try to E-file.
Depending on when how long you lived in different households in 2017, you may be entitled to be "considered unmarried" for IRS purposes and use the Head of Household filing status.
Considered unmarried. (by clicking the links you will access the IRS site for more detail).
You are considered unmarried on the last day of the tax year if you meet all the following tests.
You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.
You paid more than half the cost of keeping up your home for the tax year.
Your spouse didn’t live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. See Temporary absences , later.
Your home was the main home of your child, stepchild, or foster child for more than half the year. (SeeQualifying person , later, for rules applying to a child's birth, death, or temporary absence during the year.)
You must be able to claim an exemption for the child. However, you meet this test if you can’t claim the exemption only because the noncustodial parent can claim the child using the rule described later inSpecial rule for divorced or separated parents (or parents who live apart) under Exemptions for Dependents. The general rules for claiming an exemption for a dependent are shown in Table 3.
Yes, if you did not sign the return or consent to filing jointly you can mail your return. Married filing separately would be your filing status, unless you meet the rules for a more favorable status. Be sure to select paper file because your return will be rejected if you try to E-file.
Depending on when how long you lived in different households in 2017, you may be entitled to be "considered unmarried" for IRS purposes and use the Head of Household filing status.
Considered unmarried. (by clicking the links you will access the IRS site for more detail).
You are considered unmarried on the last day of the tax year if you meet all the following tests.
You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.
You paid more than half the cost of keeping up your home for the tax year.
Your spouse didn’t live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. See Temporary absences , later.
Your home was the main home of your child, stepchild, or foster child for more than half the year. (SeeQualifying person , later, for rules applying to a child's birth, death, or temporary absence during the year.)
You must be able to claim an exemption for the child. However, you meet this test if you can’t claim the exemption only because the noncustodial parent can claim the child using the rule described later inSpecial rule for divorced or separated parents (or parents who live apart) under Exemptions for Dependents. The general rules for claiming an exemption for a dependent are shown in Table 3.
That was a very throw answer and very much appreciated. Can I please ask another question? Is the burden of proof is on me to show I didn’t agree to the initial filling? Is there a time frame in which I need to file the correction? Thanks again you gave me hope!
@dini2018 You can simply attach a letter of explanation and include any documentation of the separation, such as school or medical records. If you can get a notarized statement from someone with knowledge about your situation that may be helpful as well with dates of separation and date you began living separately. For more guidance you can call the IRS before you file. 800-829-1040
Thanks again for your prompt response. I truly appreciate your help!