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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29971
Experience:  Taxes, Immigration, Labor Relations
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My husband and I are getting divorced this year. He is

Customer Question

My husband and I are getting divorced this year. He is employed and I earn self-employed income so I file estimated quarterly taxes. My lawyer told me to include in the settlement that the 1st quarter estimated payment goes to me, and to make future ones in my name only. Can I do that? My thought was that I would have to send in all 4 payments under both our names since we filed jointly last year with him as primary and me as spouse.
JA: The Accountant will know how to help. Is there anything else the Accountant should be aware of?
Customer: I guess I wonder if it matters when the divorce is finalized, ie in June (our target) or December
Submitted: 6 months ago.
Category: Tax
Expert:  Lev replied 6 months ago.

If you will file jointly - it would not matter who paid estimate taxes - all will be combined anyway.

If you file separate tax returns - each will report his/her withholding and estimate taxes.

If estimated taxes are paid under both names - they must be apportioned - generally you may agree how to apportion.

But if you disagree - they are divided equally.

Most likely your lawyer wants to avoid additional litigation when you could disagree on apportioning.


Customer: replied 6 months ago.
Can I pay estimated taxes under my own name, then, even though I did not file under my own name in 2016?
Expert:  Lev replied 6 months ago.

Yes - you may do that.

The IRS will be glad to accept any payment.

That will result - these estimated tax payments will be reflected on YOUR account - associated with your SSN.