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I have a divorce petition with the court already but still working through our agreement with a mediator. Does that qualify to file as Legally Separated?

Last year I filed Married filing separately.
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I have a divorce petition with the court already but still working through our agreement with a mediator. Does that qualify to file as Legally Separated?

No, you are not legally separated.  Since you did not have a final divorce decree, you would had to have a separate maintenance by the last day of 2022.

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ThomasM125
Expert Alumni

I have a divorce petition with the court already but still working through our agreement with a mediator. Does that qualify to file as Legally Separated?

 No, the decree has to be final for you to file as single.

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I have a divorce petition with the court already but still working through our agreement with a mediator. Does that qualify to file as Legally Separated?

You are considered married by the IRS as long as your divorce is not final, or you are not "legally separated" from your spouse under a court order, by the last day of the year.  For more details, see Publication 504 (2022), Divorced or Separated Individuals

 

https://www.irs.gov/publications/p504

 

If you two are are amicable, filing a joint tax return is most often the best.  This is especially if you two have children together.  This is because only one spouse can claim a dependent on his/her tax return.  This is also true if one of you make much more money than the other.  The higher earner will pay a lot more tax even if you live in a community property tax as income earned after date of separation is no long community property.  

I have a divorce petition with the court already but still working through our agreement with a mediator. Does that qualify to file as Legally Separated?

No, you are not legally separated.  Since you did not have a final divorce decree, you would had to have a separate maintenance by the last day of 2022.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
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