My husband has to file joint with his ex-wife, and since we got married December of 2017, I just want to confirm that I have to file married but separate. And if so, how?

[viktoriyab11 · Accepted solution]

Someone who was legally married as of 12/31/2017 could file as married jointly, married separately, or head of household (again, if he or she meets the qualifications). 

Your husband can file jointly only with you. He cannot file jointly with his ex-wife.

What is my tax filing status (single, married, etc.)? https://ttlc.intuit.com/replies/3302320

[newscream0226]

He only got divorced in October 2017, then we married in December 2017. The judge ordered him to file jointly with her because they were technically married for the majority of the year.. The judge also doesn’t know that he is now married though, so I don’t know if he has to file the court order now or if he has to file jointly with me because he is married to me as of December 31st, 2017.

[cmjax02]

No the previous poster is correct, he can only file jointly with you. If for some reason he still files with the ex the IRS could throw it out or it will get held up. As long as you are married in the year you file together. The living for more than 6 month rule only applies to dependants. The ex will file on her own as head of household (if there are kids in her home) or single if no kids.

[emfossen]

Might be time to talk to a CPA and attorney. Since the judge technically provided tax advice on the filing status, that can be used to hold them responsible for any issues that come up. I would be surprised if the judge put that in writing in the divorce decree.

[matthewritterbec]

If you are married then your husband can only file joint with you. Legal spouses file

1- married jointly 

2- married separately

Your husband can file jointly only with you. He cannot file jointly with his ex-spouse. You should ask him to verify his filing status and ask why. If you think they have tax issues, you may want to ask for more help to make sure your protected 

[joy72284]

Your husband should only file joint with you.  Period!!!  Actually his ex-wife should file separately as Head of Household if their are children, which would truly benefit her greatly.  The rule is that whatever your status is on 12-31-2017 is what you file as.  Your husband might be trying to achieve a benefit of claiming a lot of deductions that he probably does not have with you yet.  Example mortgage interest, child credits, etc.  
You need to have a heart to heart with your husband to find out what it is he is after, not trying to start trouble here.  He just might be trying to come out ahead financially.  
Remember though if you do file Married filing separately, which they would surely crosscheck to see that he is doing the same.  This is the highest tax bracket there is.  I know I wouldn't do it.

[newscream0226]

It was on their divorce orders to file jointly. We got it figured out. Thanks.