My wife and I were legally separated all year last year with intent to divorce. Would it be best for us to file Married Filing Separately or Married Filing Jointly?

[dllazarus]

We have all of our finances separate except for the mortgage which is still under both of our names.

[TeresaM · Accepted solution]

If you are in a community property state, you would be required to have any common income split equally if you file separately.  They are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. 

If you are not in a community property state, you have more flexibility but there are still some tax credits that will only be available if you file jointly. You may wish to mock up a return each way and see which would be most beneficial with your situation. 

This TurboTax Help article gives some examples of differences in filing married separately or jointly.

[dllazarus]

OK.  Thanks.  We were married in and got separated in Virginia.  Nevertheless, I agree that filing jointly would likely be most beneficial to both of us.

Thanks,

David