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Level 1
posted Oct 25, 2023 4:13:08 PM

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If I my divorce is finalized by the end of this year, would I file the income tax return as single for 2023 even though I was married for most of the year?

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2 Best answers
Level 5
Oct 25, 2023 4:16:02 PM

Hi,

 

The rule is, if you live apart from your spouse for at least the the 6 months of the year or have a separation agreement in place, you can claim Single on your year-end tax once either of those 2 options were acheived.

Expert Alumni
Oct 25, 2023 4:21:03 PM

If your divorce is finalized as of 12/31/2023  you are considered single for 2023. If the divorce is not finalized then you are still considered married for 2023 and will have to file married filing joint or married filing separate. Your marital status as December 31, 2023 determines filing status.

 

2 Replies
Level 5
Oct 25, 2023 4:16:02 PM

Hi,

 

The rule is, if you live apart from your spouse for at least the the 6 months of the year or have a separation agreement in place, you can claim Single on your year-end tax once either of those 2 options were acheived.

Expert Alumni
Oct 25, 2023 4:21:03 PM

If your divorce is finalized as of 12/31/2023  you are considered single for 2023. If the divorce is not finalized then you are still considered married for 2023 and will have to file married filing joint or married filing separate. Your marital status as December 31, 2023 determines filing status.