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Tax question

If I am going through a divorce do I have to file with spouse ?

3 Replies
Level 15

Tax question

If you are legally married at the end of 2020 then your filing choices are to file married filing separately or married filing jointly.  OR---if you have been living apart for at least the last six months of 2020 and you have the children you might be able to file as Head of Household.  You cannot file as Single if you are still legally married.


Am I Head of Household?





If you were legally married at the end of 2020 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $24,800 (+$1300 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit.


If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.


**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Level 3

Tax question

No I have never been married. This whole tax thing is a big mess I am now in the gym if I did and he says I am working with the Postal inspector. I never received the debit card it went to my friends address that was supposed to be helping me instead she stole it from me she had my mail temporarily registered to her address so she got the debit card I found out from Nick of America a month later after she received the card. The Bank of America representative also told me that there’s one in Yuma. Now there’s an investigation from what I understand they could take up to 45 days it’s been 45 days and nothing has happened I don’t know what I’m supposed to do now. Any suggestions?

Not applicable

Tax question


Call  (888) 285-4169

ignore the request for card # 

select option1 for stolen card

the select 2 and enter your SSN if requested

follow any additional instructions




the web site 

click on "help" at upper right




if you believe your identity has been stolen by this person (ie they now have the ability to take out loans, credit cards, etc in your name)


Organization What to Do


Credit Agencies

1) Report the identity theft to the fraud department of one of the following reporting agencies as soon as possible. They must notify the other two agencies.

  • Equifax:
  • Experian:
  • TransUnion:

2) Request a copy of your credit report and request that only the last

four digits of your Social Security number be placed on the report.

3) Close accounts that you think have been compromised or opened


4) Inform the credit bureaus and the credit issuers (in writing) of any

fraudulent accounts and incorrect information.

5) Obtain replacement credit cards with new, secure account numbers

and destroy any old cards.

6) Notify those who have received your credit report in the last six

months to alert them to any disputed, fraudulent or incorrect information.

7) Confirm that an extended fraud alert (seven years) is placed on your

credit report.


Federal Trade Commission (FTC)

1) Report the crime to the FTC to establish an Identity Theft Affidavit.

Identity Theft Victim’s Complaint and Affidavit.


Local Police

1)Report the crime to your local police or sheriff’s department. Make

sure to prompt as much documented evidence as possible.

2)Verify that the report lists the fraudulent accounts and keep a copy

of the report.


Internal Revenue Service (IRS)

1) Contact the IRS to report the theft. This will alert them to any claim

for refund or other activity on your account. File IRS Form 14039,

Identify Theft Affidavit. 

State Tax Agency

1) Contact your state tax agency to report the theft. Some agencies

may require a police report and/or the IRS affidavit.


Other Agencies and Organizations

1) U.S. mail fraud: Contact your local postal inspector.

  • Online:
  • Phone: 800.275.8777

2) Social Security number misuse — non-IRS issues:

-Check your earnings record to make sure no one is using your SSN

to obtain work. Call your local Social Security Administration (SSA)

office if something looks inaccurate.

-Contact the SSA Inspector General to report Social Security benefit

fraud, employment fraud, or welfare fraud.

  • Online reporting resources:


- Fraud Reporting Form

  • SSA fraud hotline: 800.269.0271


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