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Tommyrae
Returning Member

My ex wife and I, have been separated for 5 years now. She is still filing MFS. It's costing me almost 2500.00 every year. But we lost contact. No longer at the previous

Why can't I file single if we are legally separated?
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4 Replies

My ex wife and I, have been separated for 5 years now. She is still filing MFS. It's costing me almost 2500.00 every year. But we lost contact. No longer at the previous

Do you have a legal separation in your state?  There are a few states in which legal separation is not recognized.  What state are you in?

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
rjs
Level 15
Level 15

My ex wife and I, have been separated for 5 years now. She is still filing MFS. It's costing me almost 2500.00 every year. But we lost contact. No longer at the previous

You can file as single if you are "legally separated from your spouse under a divorce or separate maintenance decree." That means a decree from a court. As xmasbaby0 said, not all states have legal separation. Check with a lawyer.


If you are legally separated according to the IRS definition, then the IRS considers you unmarried. In that case, you cannot file as married filing separately and neither can your ex-wife.

 

My ex wife and I, have been separated for 5 years now. She is still filing MFS. It's costing me almost 2500.00 every year. But we lost contact. No longer at the previous

GET A DIVORCE ... contact a lawyer and get it started.  

My ex wife and I, have been separated for 5 years now. She is still filing MFS. It's costing me almost 2500.00 every year. But we lost contact. No longer at the previous

If your state does recognize legal separation, then you can amend the prior two years and claim single status. make sure to include a full explanation for the amended returns. something like. I'm changing my filing status from married filing separately (MFS) to single. My spouse and I are legally separated under the laws of the state of ________ therefore, I am no longer considered married under the US tax code since ___________ (enter date of agreement).

you may even want to attach a copy   

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