Filing status question

Forum|Forum|1 year ago
March 17, 2025
2 replies
8 views

My husband and I are separated, but still legally married. He somehow had a wedding to another woman in November. We both discussed and agreed we would file married jointly this year. I went to file, and the returns were rejected due to his social security number already being used on returns that were filed and accepted. He claims he did not file, and neither did the woman he's with. Can he get in trouble if he really did file with her? We aren't divorced yet. I'm just trying to file though. I want to be done, but..

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xmasbaby0

Level 15

What? He "somehow had a wedding to another woman" while still legally married to you? Just me---but I would not believe a word that comes out of his mouth. If he is dishonest enough to "have a wedding" while married to you, he is dishonest enough to lie to you about how he filed his tax return. Maybe he is also lying to the "bride." Who knows?

Do you have custody of any dependent children? If so, you could file Head of Household if you lived apart from him for at least the last six months of 2024. Otherwise, you should forget filing a joint return with this man, and file married filing separately. You might need to file by mail if it rejects due to duplicate use of his SSN.

Get some legal advice asap.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

tennischick1337Author

Level 2

Yes, they had a big wedding and everything. I'm completely dumbfounded by it all. I just signed the divorce papers a week ago to be filed, so the divorce is not final as of yet.

No, thankfully, we did not have any children. I figured that's what I'd have to do - married, but separate. I appreciate it.

Opus 17

Level 15

You need to file as married filing separately. Head of household would be allowed if you have lived apart more than 6 months, and you pay more than half the cost of keeping your home, and you live with a qualifying person, usually your dependent child. With married filing separately or HOH, you only list your own income, deductions and credits.

Do not try to file jointly.

When you file jointly, you accept full and equal liability for any problems, errors, mistakes, or fraud associated with that return. That means that if there is tax and penalties owed, the IRS can collect from you even if it was not "your fault." Filing jointly means you accept total responsibility for everything on the joint return.

Whatever else is going on in this situation, the last thing you want is to be jointly and equally responsible for whatever shenanigans your ex is up to.

Separately, of course, you should consult with an attorney, likely you need to hire an attorney to push your divorce through from your side and protect your rights. Your attorney can advise you on the bigamy and other issues.