Divorced in a community property state

[renee58]

My Divorce was finalized August of 2023.  I will be filing as single status.  I received my W2 and my ex-husband's

W2.  Do I have to request new W2s showing the split income for each of us so I can enter it in the wage section or is there a form I can fill out to allocate the income.  I was going to use Form 8958 but it's only for married filing separately.  Also is the income split for the whole year even though we were divorced in August?  I was told my wages in Turbotax have to match my W2.  What if I can't get a new W2 from my Ex's employer?

[xmasbaby0]

Your marital status is determined as of the end of 2023.   If your divorce was final before the end of 2023, then you do not file as married.  You file as Single.  Nothing about your spouse's income goes on your 2023 return, nothing about your income goes on his  2023 return.   He files as Single too.   Or....if one of you has the children and you lived apart for at least the last six months of 2023, that parent can file as Head of Household.  You are done with "community property" for 2023.

[renee58]

My divorce was final in 2023 not before so I’m subject to community property rules. Please read my question. 

[PatriciaV]

As @xmasbaby0 said, your marital status as of December 31, 2023, determines your filing status for your 2023 tax return. Since your divorce was final in August, you were single on the last day of 2023 and are eligible to file Single for the year. Any income earned by your former spouse is not reported on your 2023 return, even though you live in Community Property state. Report only your income and deductions.

Additional Information: IRS Filing Taxes After Divorce or Separation