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Name Change due to Divorce - What Name should I file under?

I became separated from my spouse in 2022 and we are filing "married but separated" for 2022. The divorce was finalized in January 2023 and I legally had my last name changed back to my birth name (finalized a couple weeks ago with SSA). Should I update my tax information and file under my birth name, or still file under my married name?

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3 Replies
Herb66
New Member

Name Change due to Divorce - What Name should I file under?

If your name change has been finalized with the SSA you can file under your birth name. There will be a section that will ask about your divorce.

Name Change due to Divorce - What Name should I file under?

Since the IRS verifies you with what is on file with the SSA, you would need to use your birth name since that is what is on file for you.

AnnetteB6
Employee Tax Expert

Name Change due to Divorce - What Name should I file under?

It will depend on whether the IRS system and the SSA system are in sync with one another and how quickly changes are made.  

 

Since your name has been changed with SSA, try filing under your birth name first.  If your return rejects due to a name mismatch, then you may need to file with your previous married name. 

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