What does legally separated mean ?

Forum|Forum|5 years ago
May 2, 2021
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What is the difference between divorced and legally separated ?

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Kat11_2

Alumni - Champ

If you are divorced, you are no longer married. You went through divorce proceedings, and your marriage no longer exists.

If you are legally separated, you went before the court to request that your separation from your spouse is legally recorded. It's a step past just separating and no longer living together. Legally separated is more formal.

*** I am NOT a tax expert. I am a seasoned TurboTax user, and volunteer to provide assistance to TT users. Nothing I post is to be considered TAX ADVICE; I bear no legal liability for responses.***

CSKcpa56

Level 5

To use filing status - married filing jointly - the couple MUST be married at the end of the year. They don't necessarily have to be living together.

IF you are divorced by the end of a tax year - then your correct filing status is Single OR if you have qualifying children - Head of Household

IF married persons are NOT living together they can still file jointly UNLESS they are legally separated. (Meaning there is a decree of divorce or separate maintenance (as of the last day of the year). It gets a little dicey if you are separated under an interlocutory decree of divorce - then your are considered married till it's final.

Basically Legally Separated means you have gone before a judge and you're almost divorced but not quite.

Look at the filing instructions for the F1040 - under filing status.