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My husband and I were divorced last year. I have heard that…

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My husband and I...

My husband and I were divorced last year. I have heard that if we were married for more than six months of the year though that we can still file jointly. We were married for 7 1/2 months in 2017. He is telling me that his tax accountant said we have to file as per our marital status on Dec 31, 2017. If we could still file jointly once more, it would save money. But I'm not sure whether we can. Can you answer this question?

Accountant's Assistant: The Accountant will know how to help. Is there anything else important you think the Accountant should know?

Not sure. The only income I had for last year was alimony from August - December, plus $1500 in contract work. We have two kids, and we plan to each claim one of them if we are filing separately.

Submitted: 3 months ago.Category: Tax
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3/28/2018
Tax Professional: Lev, Tax Advisor replied 3 months ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 33,116
Experience: Taxes, Immigration, Labor Relations
Verified

I have heard that if we were married for more than six months of the year though that we can still file jointly.

That is not correct interpretation...

If you are divorced under a final decree by the last day of the year, you are considered unmarried for the whole year.

So - your martial status for the whole year is determined as of the last day of that year.

So the accountant is correct here.

See for reference IRS publication 501 - page 6 - left column

https://www.irs.gov/pub/irs-pdf/p501.pdf

Sorry if you expected differently.

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Tax Professional: Lev, Tax Advisor replied 3 months ago
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