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My husband and I are getting a divorce, we are not allowed to speak to each other per the court, do I file single?

 
2 Replies

My husband and I are getting a divorce, we are not allowed to speak to each other per the court, do I file single?

No.   If you were still legally married at the end of 2021 your filing choices for 2021 are married filing jointly or married filing separately.   Or....if you lived apart for at least six months at the end of 2021 and you are the custodial parent of the children you may be able to file as Head of Household.  "Single" is not an option.   You are not "single" yet if you are "getting" a divorce.   If you file MFS you might have to communicate via your attorneys to coordinate whether you  are itemizing or using standard deduction.

 

 

If you were legally married at the end of 2021 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $25,100 (+$1350 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

 

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

 

 

 

Am I Head of Household?

https://ttlc.intuit.com/questions/1894553-do-i-qualify-for-head-of-household

https://ttlc.intuit.com/questions/2900097-what-is-a-qualifying-person-for-head-of-household

 

If you qualify as Head of Household, when you enter your marital status (single or married filing separately) into MyInfo, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.

**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.**

My husband and I are getting a divorce, we are not allowed to speak to each other per the court, do I file single?

No.  If you are married, or considered married, as of 12/31/2021 you must file married - either jointly or separately.  State law determines whether or not you are married.  If you meet certain qualifications you may be able to file as the "Head of Household."

 

If you are married your filing status is Married - you can choose if you file separately or jointly. Refer to
https://www.irs.gov/newsroom/taxpayers-should-use-the-correct-filing-status-for-accuracy-and-to-avoi...
and
https://www.irs.gov/help/ita/what-is-my-filing-status

 

The latter site will help you determine what your proper filing status is.


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