My divorce was finalized Mar 2, 2020. My exwife fi...
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ester0917
New Member

My divorce was finalized Mar 2, 2020. My exwife filed her 2019 taxes as single-HOH, by law we were still married. what do i do to protect myself.

 
3 Replies
VolvoGirl
Level 15

My divorce was finalized Mar 2, 2020. My exwife filed her 2019 taxes as single-HOH, by law we were still married. what do i do to protect myself.

You both were still married on December 31.  You need to file as MFS Married Filing Separate or Head of Household if you qualify.  If she qualifies as Head of Household that's ok.  She doesn't have to be Single to file as Head of Household. 

 

But if she filed as Head of Household and Itemized Deductions you also have to Itemize even if it is less that the Standard Deduction.  If she took the Standard Deduction you can do either way, Standard or Itemized Deductions.

 

Here's a FAQ for Head of Household

https://ttlc.intuit.com/community/family/help/do-i-qualify-for-head-of-household/00/25539

 

Can a married person file Head of Household?

https://ttlc.intuit.com/community/married/help/can-a-married-person-claim-head-of-household-filing-s...

VolvoGirl
Level 15

My divorce was finalized Mar 2, 2020. My exwife filed her 2019 taxes as single-HOH, by law we were still married. what do i do to protect myself.

Oh of course you can still file as Joint if you both agree.  Then she would need to amend her return.

Anonymous
Not applicable

My divorce was finalized Mar 2, 2020. My exwife filed her 2019 taxes as single-HOH, by law we were still married. what do i do to protect myself.

she may have been entitled to file as HOH

a married taxpayer who is a US citizen or resident can file as HOH IRC sec 7703(b) if all the following tests are met

1) she files her own return

2) she paid more than 1/2 the cost of keeping up their home for the year

3) she lived apart from you for the last 6 months of 2019

4) her home was the main home for more than half the year of her child, stepchild, adopted child or foster child. the child must be a dependent or would be a dependent except that she released the exemption to you - the noncustodial parent

 

 

then all you can do is file as single

if there's a failed test all you can do is file as married filing separate - you can not force her to file a joint return.  note if she itemized so must you or if she took standard so must you. 

 

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