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New Member
posted Sep 16, 2022 8:31:05 AM

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?

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2 Replies
Level 15
Sep 16, 2022 8:54:53 AM

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.

 

Level 15
Sep 16, 2022 11:04:44 AM

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.