File married joint or seperate

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

Been separated from husbabd since last Nov. Divorce may be final in Dec, but may not. Should we file joint or together? We have two children that live with me and I soley support. Is there a certain amount in each of our W2's that would determine the best way to file?

Loretta P

Employee Tax Expert

The IRS requires you to determine your filing status based on your status on December 31st. If your divorce is final on or before December 31st, you would each need to file as single or if qualified Head of Household. If your divorce is not final until sometime in 2023, then you have the option of filing as Married Filing Joint or Married Filing Separate for 2022.

Usually you are almost always better off filing as Married Fling Joint as many of the credits and other tax benefits aren't available if you file Married Filing Separate.

You can compare filing jointly vs. separately with TurboTax's free calculator TaxCaster. It will give you the estimated tax differences when filing either way. It’s up-to-date with the latest tax laws and can estimate your 2021 taxes as well.

This link may help you decide which is best for your situation: Is it better for a married couple to file jointly or separately?

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