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J2-J4
New Member

Married Filing Separately - Std Deduction

I'm married filing separately. Using a standard deduction is  financially favorably for me. I have read that if one person itemizes deductions, the other spouse can't use standard deduction. Because we are currently going through a divorce, I don't communicate with my spouse so I don't know what my spouse is doing. Do you know how it is determined? If I file first, does that determine what the spouse is required to do?

2 Replies
rjs
Level 15
Level 15

Married Filing Separately - Std Deduction

It doesn't matter who files first. If one spouse itemizes, the other cannot use the standard deduction. (Technically the other spouse's standard deduction is zero.)


Ask your lawyer to communicate with your spouse's lawyer to find out if your spouse wants to itemize.

 

Critter-3
Level 15

Married Filing Separately - Std Deduction

If you cannot get a straight  answer from the soon to be ex then file using the method best for you and if the other spouse itemizes the IRS will notify you later. 

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