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Level 1
posted Jun 4, 2019 1:33:57 PM

Should I itemize deductions if my husband and I are not divorced yet, but also not "legally separated"? Not sure if he took standard deduction.

We are not on good terms, and he will not tell me if he itemized or took the standard deduction. I know he filed as single (if that makes a difference).

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1 Best answer
Intuit Alumni
Jun 4, 2019 1:33:59 PM

You should if itemize deductions are greater than the standard deductions.  

Technically, you both are still married.   Without a qualified child or person, IRS only allows you to file either married filing separately or married filing jointly.  He should not file Single. 

If he did file single, without him telling you, you can itemize if your total itemized deductions exceed your standard deduction which would maximize your refund.  You would only concern if he filed married filing separately as you have to follow along with his itemized deduction option. 

3 Replies
Intuit Alumni
Jun 4, 2019 1:33:59 PM

You should if itemize deductions are greater than the standard deductions.  

Technically, you both are still married.   Without a qualified child or person, IRS only allows you to file either married filing separately or married filing jointly.  He should not file Single. 

If he did file single, without him telling you, you can itemize if your total itemized deductions exceed your standard deduction which would maximize your refund.  You would only concern if he filed married filing separately as you have to follow along with his itemized deduction option. 

Level 1
Jun 4, 2019 1:34:00 PM

Thank you for your reply! So since he filed single, I do not need to worry about whether or not he took the standard deduction?

Intuit Alumni
Jun 4, 2019 1:34:01 PM

Yes, because he can't file single. So when you show his SSN on your return, IRS will reject his.  You can protect yourself by filing separate, and you can claim your corrected share of itemized deductions.  If you itemize, then he has to itemize on his return.