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Level 2
February 5, 2025
Question

Filing status

  • February 5, 2025
  • 1 reply
  • 5 views

I was divorced in June 2024, and we have previously filed married filled joint. My ex never changed his status so on December 31 he still claimed married filling joint and claimed me as a dependent. I changed my status as soon as the divorce was finalized to single. What should I do? 

1 reply

Level 15
February 5, 2025

You should file your return by mail and file as Single (possible other filing status available if qualified). Your return will not be accepted electronically because your name and social security number (SSN) are on another return.  I won't say not to try, but it's unlikely it will be accepted.  Filing status is always determined based on a taxpayer's status as of December 31st.

 

Your ex filed incorrectly so that return must be amended. When your return goes in the IRS will question this return. 

 

If you have children you may be able to file as Head of Household. See the information in the link below.  Also TurboTax will walk you through the questions as you prepare your return.

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Level 2
February 5, 2025

I do have children. I need To clarify, my ex has NOT filed his taxes yet. But he never changed his filing status with his employer when we were divorced. So he still claimed me. If he hasn’t filed will the IRS still deny my returns? 

DoninGA
Level 15
Level 15
February 5, 2025

@Lyndsay 12 wrote:

I do have children. I need To clarify, my ex has NOT filed his taxes yet. But he never changed his filing status with his employer when we were divorced. So he still claimed me. If he hasn’t filed will the IRS still deny my returns? 


What is is selected on a W-4 that is given to an employer for withholding federal income taxes has no bearing whatsoever on the filing status you enter on your tax return.