new job w4, divorce pending

[JJ478]

I'm starting a new job soon and will fill out a new W4. I'm married, but in the process of a divorce. It should be finalized after I start my new job. Can I fill out the W4 as "single"?  

[marctu]

Thank you for the question.   Best of luck adjusting to your new normal.  I have been through it and you will get through it. 

Assuming the divorce is finalized in 2024, and you start the job in 2024, filing as single would be the most prudent course of action. 

Be well and safe @JJ478 

[xmasbaby0 · Accepted solution]

Yes---you can fill out your W-4 as Single---Your W-4 does not dictate how you have to file your tax return for 2024.  That W-4 only goes to your employer to tell them how much tax to withhold from your paychecks.  It does not go to the IRS at all.   When you file you tax return, if your divorce is final by the end of 2024, then you will file Single for 2024.   Or.....if you are the custodial parent of the children you might be able to file as Head of Household.  You have not mentioned if there are children.

[FranklinF]

Per the IRS:
"A taxpayer's filing status typically depends on whether they are considered unmarried or married on December 31, which determines their filing status for that entire year. More than one filing status may apply in certain situations"
How a taxpayer’s filing status affects their tax return 

Thus it will be wise to anticipate possible situations where you will end up owing taxes as in the case of changing filing status.

You can adjust your W-4 any time of the year including adjusting your filing status for valid reasons. Also since you are making adjustments in the middle of the year, it may be the case that you may have to increase your withholdings to avoid underpayment of taxes penalty.

Underpayment Penalty 

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