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Level 2
March 29, 2020
Solved

Filing Status Quest

  • March 29, 2020
  • 1 reply
  • 3 views

Massachusetts resident.  I have been legally separated for all of 2019.  Can I file as single even though divorce wasn't finalized until the end of January 2020?

Best answer by DeanM15

If your legal separation was under a final judgement of the probate court, then yes you can. If it was not, then you cannot. 

 

"For MA you can file as single if, at the end of the taxable year, you were:

  • Unmarried
  • Legally separated under a final judgment of the probate court
  • Widow or widower whose spouse dies before the beginning of the taxable year"

For Federal, the Single filing status is the "status for taxpayers who are unmarried, divorced or legally separated under a divorce or separate maintenance decree governed by state law."

1 reply

DeanM15Answer
Level 10
March 29, 2020

If your legal separation was under a final judgement of the probate court, then yes you can. If it was not, then you cannot. 

 

"For MA you can file as single if, at the end of the taxable year, you were:

  • Unmarried
  • Legally separated under a final judgment of the probate court
  • Widow or widower whose spouse dies before the beginning of the taxable year"

For Federal, the Single filing status is the "status for taxpayers who are unmarried, divorced or legally separated under a divorce or separate maintenance decree governed by state law."

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6190cmgAuthor
Level 2
March 29, 2020

That's what I thought - thank you!