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My spouse and I have been separated for over a year. He ...

My spouse and I have...
My spouse and I have been separated for over a year. He wants me to file taxes with him as married living together. My attorneys advise me fo filed married living separately. He is an attorney himself with his own firm. I have filed for divorce but have not served him. How should I file and why? Thank you.
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Answered in 13 minutes by:
4/2/2008
Guru_Guy
Guru_Guy, Lawyer (JD)
Category: Tax
Satisfied Customers: 2,418
Experience: I am a lawyer who understands tax law and finance.
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Hello,

If you are still married with no final divorce, you have the option of filing jointly or separately. In addition, if you were separated for the last six months of 2007, you would also be entitled to file as single, or head of household.

Therefore, it is really up to you how you choose to file. The IRS will accept any of the above options.

As a practical matter, if you are separated from your husband and maintaining separate finances, it is probably advisable to file separately from your husband. That way you would not be liable for any tax issues your husband may have, and do not have to worry about figuring how to divide any refunds.

I hope this helps!


___________________

IRS CIRCULAR 230 NOTICE: Absent an engagement for written tax advice prepared in compliance with the regulations promulgated by the U.S. Department of Treasury, no person prepared the written information contained in or accompanying this communication for use or reliance, and no taxpayer can, therefore, use or rely upon the written information contained in or accompanying this communication, (i) to avoid any penalties that the IRS may impose, or (ii) for the purpose of promoting, marketing, or recommending to another party any tax-related matters.
Guru_Guy
Guru_Guy, Lawyer (JD)
Category: Tax
Satisfied Customers: 2,418
Experience: I am a lawyer who understands tax law and finance.
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