What is my tax filing status while my divorce, legal separation or annulment is pending?

asked 09 Oct '09, 03:56

TaxQueries's gravatar image

TaxQueries ♦♦
accept rate: 2%

You can file married filing jointly or seperately if you are not divorced or legally seperated including a seperate maintenance agreement at the end of the year. You file as single if you are legally seperated or divorced at the end of the year. This also would include if you and your spouse are seperated for the last 6 months of the year.


answered 09 Oct '09, 16:26

SandySea's gravatar image

accept rate: 7%

To clarify, if the divorce is not final and you are not LEGALLY separated:

You have the choice of Married Filing Jointly, Married Filing Separately, or IF "you live apart from your spouse and meet certain tests, you may be considered unmarried" and eligible to file as Head of Household.

The certain tests are in Pub 17: You don't file a joint return, your spouse did not spend a single night in the same residence with you during the last 6 months of the year, you provided a home for your qualifying child, stepchild, or fosterchild for more than half the year, you provided more than 50% of the household support, and you are entitled to claim an exemption for the child.



answered 18 Nov '09, 19:01

Tom's gravatar image

accept rate: 8%

You are still married. That is what "pending" means. Your status has not yet changed.


answered 06 Nov '09, 23:44

stephenweinstein's gravatar image

accept rate: 1%

If you are legally married you file joint or separate. If you are legally separated you can file single. If you have not lived together for the last 6 months of the year and have a child in your home you can file head of household.


answered 06 Nov '09, 23:46

Cathi's gravatar image

accept rate: 0%

You can either file with your spouse (Married Filing Joint) or by yourself (Married Filing Separate).

If a married taxpayer is not filing with their spouse, then the following requirements must be met in order to be considered unmarried and qualify for Head of Household filing status:

  1. Taxpayer paid over half the cost of keeping up the home
  2. Taxpayer's spouse did not live in the house at any time during the last six months of the tax year
  3. Taxpayer's home must be the main home for more than six months of the taxpayer's dependent child (includes children whom the taxpayer signed a [Form 8332][1] allowing the noncustodial parent to claim the exemption). Note: the only persons who qualify are a child, stepchild, or eligible foster child.

answered 23 Jun '11, 14:44

Eric's gravatar image

accept rate: 17%


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answered 22 Jun '11, 19:56

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Darth Aradi
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Asked: 09 Oct '09, 03:56

Seen: 3,504 times

Last updated: 23 Jun '11, 14:44