Divorce, taxes question

[tsmb]

What is the name of your state (only U.S. law)?

I live in the state of Texas and was divorced on Oct. 2009. I was wondering when I file my 2009 IRS taxes does it matter what status I file under, married or single? The divorce decree states for each to file single, but my ex-husbands attorney says we can file either way.

What is the correct answer?

Thank you,

What is the name of your state (only U.S. law)?

 

[mistoffolees]

What is the name of your state (only U.S. law)?

I live in the state of Texas and was divorced on Oct. 2009. I was wondering when I file my 2009 IRS taxes does it matter what status I file under, married or single? The divorce decree states for each to file single, but my ex-husbands attorney says we can file either way.

What is the correct answer?

Thank you,

What is the name of your state (only U.S. law)?

As far as the IRS is concerned, your marital status as of Dec 31 is what matters. Since your divorce was final before that, your only options are Single or Head of Household (if that applies). Even if the divorce decree said you could file as married, you would still be guilty of a crime if you did so.

Either your ex-husband's attorney is confused or the information got garbled somewhere between him and you.

 

[LdiJ]

As far as the IRS is concerned, your marital status as of Dec 31 is what matters. Since your divorce was final before that, your only options are Single or Head of Household (if that applies). Even if the divorce decree said you could file as married, you would still be guilty of a crime if you did so.

Either your ex-husband's attorney is confused or the information got garbled somewhere between him and you.

I can almost guarantee that the ex-husband's attorney is confused. I see that ALL the time. You wouldn't believe how many divorce decrees REQUIRE ex's to file a joint return for the year that their divorce was final, even though that is completely illegal under the tax code.

Attorneys generally know very little about tax law if they are not tax attorneys. I have had to testify in court for clients who couldn't do what their divorce decrees ordered them to do, and whose ex's tried to hold them in contempt for that.