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Married couples usually file their state and/or federal taxes jointly because doing so results in a lower total tax bill compared to filing separately. When a couple decides to divorce, there is often a question of how to file their taxes before their divorce becomes final — a time point which may take months and may fall after the deadline for filing taxes.
Divorced at the End of the Tax Year?
If you and your spouse are separated but not yet divorced, you may still file jointly. For example, if you decide to divorce in the spring or fall but you're still married on December 31 (the last day of the tax year), you can file jointly. Many couples choose to file jointly even as their marriage is being dissolved, in order to reap the benefit of a joint return.
Joint and Several Liability for the Taxes Due
However, filing a joint return means that each spouse is jointly responsible for any taxes that are due. In fact, each spouse can be held responsible for the entire tax debt.
Married Filing Separately
In contrast, a still-married individual has the option to file his or her tax return as "married filing separately." There are many factors that may have to be taken into account for this option, one of which is whether you live in a community property state or a common-law state. A qualified divorce attorney in your state can advise you of the benefits and disadvantages of this filing option.
A third alternative is filing as a single person, "deemed unmarried" or as the head of a household. Here too, a divorce attorney can assess your individual circumstances and explain your options.
Many Factors to Consider
In addition, the more complex that your finances are — for example, with multiple incomes and income streams, real estate, dependents, tax credits, and tax rates — the more likely it is that you will need professional guidance in selecting the best way to file your state and federal tax returns.
Consult a Divorce Attorney in Your State Today
Find out more about your tax alternatives. Contact us to schedule a private, no-commitment consultation with an experienced divorce attorney in your area.