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sul872
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My husband and I are in the middle of a divorce and have lived apart the entirety of 2022. How do we file?

 
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2 Replies

My husband and I are in the middle of a divorce and have lived apart the entirety of 2022. How do we file?

If you were still legally married on 12/31/2022 you can only file your 2022 tax return as either Married Filing Jointly or Married Filing Separately.  It would be best to file as MFJ if you can each come to an agreement and if there is a refund you should be able to decide how to split the refund.

 

See this TurboTax support FAQ for filing jointly versus separately - https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/better-married-couple-file-join...

 

However, if you have children that you are claiming as dependents, have not lived with your spouse at any time in the last six months of the year and you are providing over one-half the cost to maintain your home you could have Head of Household filing status.

See this TurboTax support FAQ for Head of Household when married -  https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/married-person-claim-head-house...

My husband and I are in the middle of a divorce and have lived apart the entirety of 2022. How do we file?

If you were legally married at the end of 2022 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 $25,900 (+$1400 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...

 

 

 

 

Or....if there are children......one of you might be able to file as Head of Household and the other one would file married filing separately.

 

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.**

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