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jillnbud
New Member

If I'm not divorced but legally separated is it legal for Turbo Tax online to change my filing status to Single?

I uploaded information from my 2015 amended return showing my corrected filing status as Married Filing Separately.  By law, I became legally separated on 2/5/16.  Until the divorce is final, I'm not legally "Single".  Under tax law, is Turbo Tax saying it's acceptable to claim single status even though I still married, but separated?
1 Best answer

Accepted Solutions
macuser_22
Level 15

If I'm not divorced but legally separated is it legal for Turbo Tax online to change my filing status to Single?

You can file as single per the IRS if  you are considered unmarried.  Check with your attorney if you are not sure that your separation decree fills this requirement under the laws of your state.

Per IRS Pub 17

https://www.irs.gov/publications/p17/ch02.html#en_US_2016_publink1000170736

Marital Status

In general, your filing status depends on whether you are considered unmarried or married.

Unmarried persons.   You are considered unmarried for the whole year if, on the last day of your tax year, you are either:
  • Unmarried, or
  • Legally separated from your spouse under a divorce or separate maintenance decree. State law governs whether you are married or legally separated under a divorce or separate maintenance decree.
Single

Your filing status is single if you are considered unmarried and you don’t qualify for another filing status. To determine your marital status, see Marital Status ... , earlier.


**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

View solution in original post

2 Replies
macuser_22
Level 15

If I'm not divorced but legally separated is it legal for Turbo Tax online to change my filing status to Single?

You can file as single per the IRS if  you are considered unmarried.  Check with your attorney if you are not sure that your separation decree fills this requirement under the laws of your state.

Per IRS Pub 17

https://www.irs.gov/publications/p17/ch02.html#en_US_2016_publink1000170736

Marital Status

In general, your filing status depends on whether you are considered unmarried or married.

Unmarried persons.   You are considered unmarried for the whole year if, on the last day of your tax year, you are either:
  • Unmarried, or
  • Legally separated from your spouse under a divorce or separate maintenance decree. State law governs whether you are married or legally separated under a divorce or separate maintenance decree.
Single

Your filing status is single if you are considered unmarried and you don’t qualify for another filing status. To determine your marital status, see Marital Status ... , earlier.


**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

View solution in original post

jillnbud
New Member

If I'm not divorced but legally separated is it legal for Turbo Tax online to change my filing status to Single?

Thanks.  I'm waiting to hear back from my attorney right now.
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