Yes, providing you both agree.
If you’re in the middle of your divorce, you can choose to file jointly with your spouse as long as you are still legally married at the end of the tax year, December 31. You qualify for this tax filing status even if you are physically separated so long as there is no final court judgment terminating your marital status. In order to file a joint return, both spouse must agree to do so.
The following information is additional but may be helpful depending on your specific situation.
If you’re in the middle of your divorce, have been physically separated for at least half the year, and have had at least one child in your care for over 50% of the time, you will likely also qualify to file your taxes as “head of household.” Filing head of household will likely result in a lower tax rate.
If you’re in the middle of your divorce, there is no agreement to file a joint tax return, and you do not qualify to file as head of household, you must file as married filing separately. Many people prefer to avoid this tax filing status because of its undesirable tax rates. Since California is a community property state, you will likely need to claim at least a portion of your spouse’s income, even if you file separately. Therefore, it’s very important for you to work with a good tax advisor in order to make sure you file your taxes properly.
Once your divorce is finalized, you may still continue filing as head of household so long as you qualify to do so. Otherwise you will be filing your taxes as single.
