Help with MFS - divorce and deductions

[co28031]

My wife and I were married as of the end of 2025. We are now in the divorce process. We are going to file MFS - I filed my taxes recently and took the standard deduction. Now with it down to the wire she has decided she’s going to itemize. What’s my recourse here?

[SharonD007]

Your spouse should file using the standard deduction.  If she won't, you can file an amendment and change from using the standard deduction to itemize your deductions.

if you file Married Filing Separately (MFS) and your spouse itemizes their deductions, you cannot use the standard deduction. According to IRS rules, if one spouse itemizes on a separate return, both spouses must itemize. The only exception to this rule is if you qualify to file as Head of Household. 

Refer to the IRS Tax Tips Tax basics: Understanding the difference between standard and itemized deductions for more information.

Please see the TurboTax article Should You and Your Spouse File Jointly or Separately? For more information.

[co28031]

Thank you for this. Follow up question- since I already filed and it states that I owe do I hold off setting up a payment plan with the IRS? Or do I set it up and then wait for them to make adjustments based on my corrected return? 

[SharonD007]

If you are going to amend your tax return, wait until it is fully processed before you amend it. 

You can call them and explain what happened so they can advise you how they want you to proceed.  Contact the IRS by calling 1-800-829-1040 (individual) or 1-800-829-4933 (business) Monday–Friday, 7 a.m. to 7 p.m.

For more information on how to pay your taxes, refer to the TurboTax Help articles:  How to Pay Taxes: 10 Ways to Pay Your Tax Bill and How can I pay my federal taxes?

[co28031]

Okay I think one last question and I’ll be done! I did call the IRS and they told me to go ahead and file for a payment plan and then file an amended return which they are currently at a 16 week processing time. Now hypothetically, if she won’t give me her information for me to amend  my return does the IRS go after her for the refund she’s getting? Or me for not itemizing? The IRS agent said I couldn’t claim the standard deduction and it would have to be “0”- can I change my standard deduction to zero and just not list itemized deductions on my amended return?

[DianeW777]

It's not likely the IRS will go after her return. The tax law is if one spouse itemizes their deductions, the other spouse must also itemize their deductions. The return that used the standard deduction (yours) is the return they will change and then bill for any additional tax due. On your amendment you will likely have some deductions such as our state tax withholding and local taxes if applicable. You may have a few donations. You can use zero, but you might as well use what you have.

On the amendment be sure to answer the question that your spouse is itemizing deductions. This let's TurboTax know what must take place on your tax return.

@co28031 

[co28031]

Okay thank you for the help. I don’t know how cooperative in sharing what she has itemized she is going to be. She found someone to do her taxes who is getting her money back and me having to itemize now will lessen her amount I’m sure. 

[VolvoGirl]

Your return should not affect her return at all, even if you itemized.  Although you both can't itemize the same amounts.  You would have to split up the deductions.  No way you can agree to file Joint?  

[co28031]

So before she moved out mid-January I did a rough tax return based on the info we had. If we had filed MFJ we would have owed $6500 and when I did it separately it was split close down the middle. I did the standard deduction for each one. If it matters we made the same amount in salary last year. Since late February she’s been having someone do her taxes and she’s been turning in stuff for deductions or itemization which led to her telling me she was getting a refund. I told her we would have to file the same and to share what’s she doing so I could change mine and possibly get a refund or a reduction in what I owe. Crickets. So the issue is I don’t know how to amend my return that I’ve already filed because I don’t l know what she is itemizing or deducting. Do I just amend my return and put zero for deduction and let the IRS figure it out for both of us? I want to keep my status as MFS.

[MarilynG1]

Since you already filed with Standard Deduction, you could wait for confirmation of how she actually filed.  She may be bringing receipts to a tax preparer, but end up with Standard Deduction after all. In that case, you wouldn't need to Amend.  Since you already did a rough estimate splitting everything and came up owing tax, it's doubtful she could itemize and get a refund, if she's only claiming half the deductions, unless she paid more tax on her wages than you did. 

If you can confirm that she filed Itemized, then Amend and take all the deductions you can.  

@co28031