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Question
I am about to be divorced in Tennessee, and I want to know if I must file a joint return for 2008 and 2009. We lived together almost the entire year of 08 and separated after I filed for divorce which was the end of 08 or the early part of 09. We have always filed jointly, and my husband is the only income producer. Can the divorce judge order me to file jointly since it would mean less debt owed? Could you give me the tax code publication that addresses this?
Submitted: 24 days and 4 hours ago.
Category: Tax
Value: $25
Status: CLOSED
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State/Country relating to question: Tennessee
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First attempt
Posted by
JK_CPA
24 days and 4 hours ago.
Answer
Hello,
Thanks for your question.
You can file a joint return for 2008 since the divorce was not finalized by 12/31/08. Also, you could file married filing separate if you want but it sounds like that would not help your tax situation. In a certain case, you may be considered unmarried and may file as head of household if you have dependent(s) and meet certain conditions.
See IRS Publication 17 under
Marital Status
"If you are divorced under a final decree by the last day of the year, you are considered unmarried for the whole year."
If your divorce decree is not finalized by 12/31/2009, you may file married filing joint still (or married filing separate). However, if it is finalized by then, then you would have to file single or head of household. The judge cannot order you to file joint because you won't be able to after the divorce is finalized.
Hope this helps,
Best regards,
24 days and 3 hours ago.
Reply
Can the judge order me to file jointly for 2008 because we were still married and living together that year? How can I file separately if I have absolutely no income other than my husband's?
Accepted Answer
The judge cannot order you to file taxes a certain way. It is all up to the IRS rules in Publication 17. You can file a joint return for 2008 since the divorce was not final in 2008.
You could file Married Filing Separate, but as you noted, you don't have any income, so it would just cause your husband's taxes to be higher.
Expert:
JK_CPA
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Answered:
10/29/2009
Certified Public Accountant (CPA)
with 5 years accounting experience and 18 years tax experience.
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