Filing Status Question

Is a taxpayer considered to be single if they are living apart and under a legal separation for 15 months, and not divorced because the spouse refuses to sign the divorce decree?

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Reply to
Mark Wiley
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If this legal separation is not the equivalent of divorce then they are still married. "Spouse won't cooperate" is not a good excuse. Choices are to file Married Filing Separate or Married Filing Jointly. If there are children involved, and one or both spouses is considered unmarried (or whatever the new terminology is) then it might be possible to file Head of Household. Single is not allowed.

__ Art Kamlet ArtKamlet @ AOL.com Columbus OH K2PZH

Reply to
Arthur Kamlet

It matters not why they aren't divorced. If they are legally separated under state law, they're single for tax purposes. If they're just living apart and not considered legally separated under state law, they're married for tax purposes (but a custodian of dependent children may be "considered unmarried"). See "Marital Status" in Pub 501.

-- Phil Marti Clarksburg, MD

Reply to
Phil Marti

I believe the answer is yes, if you've lived apart for six months. But you can get a divorce decree without your spouse signing anything. Just have your lawyer schedule the case for trial. If she doesn't cooperate, it will be over when the trial is done, whether she cooperates or not. Stu

Reply to
Stuart A. Bronstein

If this legal separation is not the equivalent of divorce then they are still married. "Spouse won't cooperate" is not a good excuse. Choices are to file Married Filing Separate or Married Filing Jointly. If there are children involved, and one or both spouses is considered unmarried (or whatever the new terminology is) then it might be possible to file Head of Household. Single is not allowed.

__ Art Kamlet ArtKamlet @ AOL.com Columbus OH K2PZH

Reply to
Arthur Kamlet

It matters not why they aren't divorced. If they are legally separated under state law, they're single for tax purposes. If they're just living apart and not considered legally separated under state law, they're married for tax purposes (but a custodian of dependent children may be "considered unmarried"). See "Marital Status" in Pub 501.

-- Phil Marti Clarksburg, MD

Reply to
Phil Marti

I believe the answer is yes, if you've lived apart for six months. But you can get a divorce decree without your spouse signing anything. Just have your lawyer schedule the case for trial. If she doesn't cooperate, it will be over when the trial is done, whether she cooperates or not. Stu

Reply to
Stuart A. Bronstein

While this is typically the case, it does vary in some states. In NC a legally separated couple is typically still considered married. The only times they are considered single are

1) After a final divorce decree 2) After the judge has issued an order of bed and board (aka "a mensa et thoro"), or 3) After the court has issued a separate maintenance decree of legal separation. The decree must require or approve the parties' living separate and apart and must contain provisions for alimony, or child support, or any other allowance. For the separation agreement to be considered a decree of the court, the court must adopt it as its own judgment as indicated by a judge's signature. I am told that typically in NC separation agreements are not adopted by the court in NC. So keep state law in mind.
Reply to
Drew Edmundson

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