Filing as MFS in community property state with my spouse having social security benifits

[tonybeo]

I was divorced this year, and I need to file taxes for 2024 (we were still married in 2024 but we are filing now as married filing separate). My spouse had only social security income (about 22,800) and I took a distribution from an IRA (18,500 and I had no other income). When I am preparing the return, Turbotax asked if I was married and I said yes, it also asked if I was filing with her or without her. I answered without her and it has my status as married filing separate. It never asked for her income.

Do I need to enter her income under the personal income section? If not, how do I put 1/2 of her income as an "adder" since not all of her income would be taxable (maybe none would be). If she only put her income on her MFS return, then she would have no taxable income since she had no other income.

Also, I assume that I would have to put 1/2 of the 18,500 as a "subtracter" (in the community property section on my return) since the IRA distribution was from a community property IRA. 

Thanks for any help with this.

[xmasbaby0]

Wait----if you were divorced before the end of 2024, you cannot file as married filing separately for 2024, nor can you file that way for 2025.    If you were divorced before the end of 2024, you file as Single.   Or if you are the custodial parent of the children you might file Head of Household.  Filing as married if you are divorced is not an option.

What tax year are you working on right now?    You are mistaken if you think you can file married filing separately for a tax year in which you were divorced.

[tonybeo]

I was divorced this year (2025). I am filing my 2024 tax return late.

Thanks.

[xmasbaby0]

Since you are working on a 2024 return----you must be using desktop download software for 2024.   Online is permanently closed for 2024.    And....if you are filing separate returns that means TWO returns must be prepared---one for each spouse.    Filing married filing separately in a community property state is tricky and you have to be very careful.  You have not told us what state you are in.

You are mistaken in your belief that your ex-spouse's Social Security will not be taxable.   When you file MFS

your SS is taxable.

Your 2024 returns cannot be e-filed.  They will have to be filed by mail.   

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s.  Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.

Federal and state returns must be in separate envelopes and they are mailed to different addresses.  Read the mailing instructions that print with your tax return carefully so you mail them to the right addresses.

[tonybeo]

Yes I am on the desktop version and my wife has already filed her 2024 return as married filing separate. We live in Texas.

[tonybeo]

I have read that social security benefits are always considered separate property thus are not considered in community property calculations on a MFS tax return. That being said, she would claim the social security benefits on her return and I would not have to include any of that on my MFS return.  I would report the 18,500 from the 1099-R and then put a community property subtracter of 1/2 of 18,500 or 9,250...thus my total taxable income would be 9,500.  Do you agree?

Thanks.