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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29799
Experience:  Taxes, Immigration, Labor Relations
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Im legally separated and my ex decided to file her own taxes

Resolved Question:

I'm legally separated and my ex decided to file her own taxes instead of jointly for several reasons.

I'm disabled and receive money from my former employer insurance plan but also from SS.

Does she report the money provided to her on her SSA-1099 and the kids SSA-1099 where she is the guardian or do I since I am the disabled one?
Submitted: 5 years ago.
Category: Tax
Expert:  Lev replied 5 years ago.

Hi and welcome to Just Answer!


Social security benefits paid to your spouse - reported on SSA-1099 under her name and her SSN - is her income - and included into her tax return.

You should not report these payments on your tax return because these are not your payments.


Social security benefits paid to children - reported on SSA-1099 under child's name and child's SSN - is income of that child - neither you nor your spouse report these payments on your tax return.

If child's only income - these social security benefits - they are not taxable and the child is not required to file his/her tax return.


Let me know if you need any help.

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