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Level 2

Question

Divorce

Forum|Forum|3 years ago
November 16, 2022
1 reply
0 views

I am getting divorced this year, it will probably not be officially final until close to 12-31. Can I still file as married because my paycheck has had taxes taken out based on "married filed jointly" until October.

Level 4

Unfortunately, if you are divorced on or before 12/31, you will not qualify to file jointly.

Level 2

But how is that right if 10 months out of the year the taxes taken out of my pay were based on being legally married? That doesn't seem to make sense to me?

Level 4

I understand your concern; however, the IRS requires that you file single starting with the year that the divorce decree is issued.

https://www.irs.gov/newsroom/some-tax-considerations-for-people-who-are-separating-or-divorcing#:~:text=Single.,the%20end%20of%20the%20year.