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mimimiller33
New Member

My spouse and I are in the middle of a divorce in a community property state. I do not have his income information and we no longer live together. Is the form 8958 mandat

 
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Opus 17
Level 15

My spouse and I are in the middle of a divorce in a community property state. I do not have his income information and we no longer live together. Is the form 8958 mandat

I need to know when the marriage community ends in your state. The marriage community Mike and when you separate, or it might not end until your divorce is final.   Any income that the marriage community has before it ends must be divided according to the community property rules, but income that you have after the marriage community ends is your separate income and does not need to be divided.

 For example, if you've been separated for all of 2016, and if the marriage community ends in your state when you separate,  then you can file a separate return and only report your income. However, if you have community income from part of 2016, you are required to have that form. Both you and your husband will likely run into problems with the IRS if you don't include it.  You may want to see a tax advisor in your state.
*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

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