Left two decades ago & still married

[dasnickster]

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

We owned nothing, had no children and she left. I thought she had filed for divorce after a couple of years. She didn't, we haven't seen each other since the 80's and she lives in a different state. I don't have much now, however I do have good credit. Am I in any way responsible for any debts she has incurred since leaving? Can she take out loans, purchase merchandise or apply for credit using my name and credit?

I acquired her cell phone number and told her it was beyond time to get a divorce. It would be cheaper and quicker if she agreed to a no fault, no property to divide and each are responsible for our own debts since she left. She wants to talk to a lawyer friend. Do you think she is trying to obtain part ownership of my car or lay claim to a bank account?

 

[Proserpina]

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

We owned nothing, had no children and she left. I thought she had filed for divorce after a couple of years. She didn't, we haven't seen each other since the 80's and she lives in a different state. I don't have much now, however I do have good credit. Am I in any way responsible for any debts she has incurred since leaving? Can she take out loans, purchase merchandise or apply for credit using my name and credit?

I acquired her cell phone number and told her it was beyond time to get a divorce. It would be cheaper and quicker if she agreed to a no fault, no property to divide and each are responsible for our own debts since she left. She wants to talk to a lawyer friend. Do you think she is trying to obtain part ownership of my car or lay claim to a bank account?

I have no idea what she wants to do.

She cannot apply for credit in your name, no - but if she is still on any open joint accounts you may still be liable (and may even be entitled to a portion of any joint assets). It wouldn't hurt for you to also speak with an attorney to make sure you're protected y'know?

 

[dasnickster]

There is/was no joint accounts. No joint assets either, in my opinion, as we didn't own anything except for a Plymouth that was worth about four hundred dollars. I figured she might have been filing tax returns as married all these years for an extra bonus.

 

[Proserpina]

There is/was no joint accounts. No joint assets either, in my opinion, as we didn't own anything except for a Plymouth that was worth about four hundred dollars. I figured she might have been filing tax returns as married all these years for an extra bonus.

Technically she still IS married.....

Other than that I don't believe you have anything to worry about - but still at least an initial consult with a divorce attorney might be worthwhile. Just to make sure.

 

[mistoffolees]

There is/was no joint accounts. No joint assets either, in my opinion, as we didn't own anything except for a Plymouth that was worth about four hundred dollars. I figured she might have been filing tax returns as married all these years for an extra bonus.

You should also be filing as married. In this situation, the correct filing status is 'married, filing separately'. If you have filed as single, you were in error- and probably need to fix it.

If she filed as 'married, filing jointly' using your SS number while you filed as single or 'married, filing separately', then the IRS would probably have notified you by now.

 

[dasnickster]

Correct. Technically we are still married to each other even though now it is going on the quarter century mark since I've seen her.
Thank you for your response and previously remarks.

I wonder what advantage if any she would possess by maintaining this particular status? Trying to collect the two hundred and fifty-five dollar government death benefit? Possibly an elaborate ruse involving showing up at my residence bruised and calling the local authorities claiming abuse in an attempt to gain access to my property? Perhaps she plans on living longer so she can lay claim to my meager possessions as the long lost wife/heir.

If she had contacted me about obtaining a divorce I would have gladly given her my address and encouragement. Unlike her I have a land line phone and it is a listed number. I am living in the same spot. Of course I do not have creditors or a collection agency looking for me.

I have contacted a couple of lawyers to ballpark an uncontested price. I took a lay-off ten years ago in order to help care for my terminally ill father that recently passed away. Money is tight and I am trying to keep the cost to a minimum.

Thanks one and all. I had no intentions of becoming so long winded. I am just looking for a little feedback from those more knowledgeable while I wait a bit more on my wandering spouse to respond.


I seem to recall filing married, separate the year she left and the next. Then, thinking she had obtained a divorce, I went back to single.

 

[mistoffolees]

I seem to recall filing married, separate the year she left and the next. Then, thinking she had obtained a divorce, I went back to single.

You will need to ask your attorney about that. Technically, your returns are incorrect. Ldij will have a better idea of whether you would have paid more taxes as Married, separate, but there's a possibility that you may owe a boatload of back taxes.

 

[dasnickster]

Possibility of back taxes eh? Could not have been by the bushel, but by the boat load. Yikees! OK, allow me to whip out my ciphering calculator.

Twenty-four years minus the first two leaves twenty-two. I haven't made enough to file in ten years so that makes twelve. Out of that twelve I forfeited four years of refunds by waiting to long to file so I will call that square and whittle on down to eight years. Being young and chronically unemployed I probably only owed taxes on three of those years. That would have been the difference between single and filing separate plus the potential, up to twenty-five percent penalty.

I cannot vouch for the accuracy of my figures, yet I like the ring to it better. After the trial and error marriage I remained single and without children. Living a single, simple life does not require a lot of money.

I may very well owe some funds to the government, yet I do not think I will require the services of any of the lawyers I notice on television to stand in between.

Of course I may obtain an endorsement deal by appearing on a national commercial.

Howdy, I owed over five hundred dollars to the I.R.S., But thanks to _____ _____ I only had to pay a C-note. Thanks!

Levity notwithstanding I would like to hear Ldij's thoughts on this matter.

 

[mistoffolees]

Possibility of back taxes eh? Could not have been by the bushel, but by the boat load. Yikees! OK, allow me to whip out my ciphering calculator.

Twenty-four years minus the first two leaves twenty-two. I haven't made enough to file in ten years so that makes twelve. Out of that twelve I forfeited four years of refunds by waiting to long to file so I will call that square and whittle on down to eight years. Being young and chronically unemployed I probably only owed taxes on three of those years. That would have been the difference between single and filing separate plus the potential, up to twenty-five percent penalty.

I cannot vouch for the accuracy of my figures, yet I like the ring to it better. After the trial and error marriage I remained single and without children. Living a single, simple life does not require a lot of money.

I may very well owe some funds to the government, yet I do not think I will require the services of any of the lawyers I notice on television to stand in between.

Of course I may obtain an endorsement deal by appearing on a national commercial.

Howdy, I owed over five hundred dollars to the I.R.S., But thanks to _____ _____ I only had to pay a C-note. Thanks!

Levity notwithstanding I would like to hear Ldij's thoughts on this matter.

Even if the amounts are modest, penalties and fines add up pretty quickly. Not to mention that tax evasion is a felony. Do yourself a favor and see the attorney.

 

[LdiJ]

Possibility of back taxes eh? Could not have been by the bushel, but by the boat load. Yikees! OK, allow me to whip out my ciphering calculator.

Twenty-four years minus the first two leaves twenty-two. I haven't made enough to file in ten years so that makes twelve. Out of that twelve I forfeited four years of refunds by waiting to long to file so I will call that square and whittle on down to eight years. Being young and chronically unemployed I probably only owed taxes on three of those years. That would have been the difference between single and filing separate plus the potential, up to twenty-five percent penalty.

I cannot vouch for the accuracy of my figures, yet I like the ring to it better. After the trial and error marriage I remained single and without children. Living a single, simple life does not require a lot of money.

I may very well owe some funds to the government, yet I do not think I will require the services of any of the lawyers I notice on television to stand in between.

Of course I may obtain an endorsement deal by appearing on a national commercial.

Howdy, I owed over five hundred dollars to the I.R.S., But thanks to _____ _____ I only had to pay a C-note. Thanks!

Levity notwithstanding I would like to hear Ldij's thoughts on this matter.

Here are my thoughts on the matter....

The tax tables for "single" and "married filing separately" are exactly the same up until about 65k of taxable income. The standard deduction is also the same for both.

Therefore, unless you claimed education credits, savers credits, or child related credits that are not available to someone who filed as married filing separately, the IRS is not going to care that you filed as single. Where the IRS seriously cares is when people who are married file as if they are single to take commit fraud and double dip on tax credits, or where they make enough money that it actually makes a difference in the amount of tax that they owe.

If you had children in your care and filed as head of household, that was legitimate since you were clearly separated from your spouse for more than 6 months of each year.

Even if you did file incorrectly there is a limited time frame that the IRS can challenge your return. That is 3 years in some cases, 7 years in others, and unlimited if its clear cut fraud. This would not be clear cut fraud, and you stated that you haven't made enough in the last 10 years to even file a return, therefore you are beyond any time limits.

In other words, don't worry about your taxes. I cannot think of a single scenario where the IRS could even go after you...with your specific set of facts.

 

[mistoffolees]

Even if you did file incorrectly there is a limited time frame that the IRS can challenge your return. That is 3 years in some cases, 7 years in others, and unlimited if its clear cut fraud. This would not be clear cut fraud, and you stated that you haven't made enough in the last 10 years to even file a return, therefore you are beyond any time limits.

In other words, don't worry about your taxes. I cannot think of a single scenario where the IRS could even go after you...with your specific set of facts.

Except for the one you already cited:
"Therefore, unless you claimed education credits, savers credits, or child related credits that are not available to someone who filed as married filing separately". If he did any of those things or if he made over $65 K in any of the years, it could be an issue.

I think it's also questionable whether filing as single when he was married would "not be clear cut fraud" as you claim.

 

[dasnickster]

And to think that I would not apply for vehicle insurance as married even though the rates were much cheaper.

Thank you gentlemen for your individual takes on the situation at hand.
Now that I am out of the woods concerning financial ruin, and I have no fear of the government taking me to the woodshed, I ponder once again my marital situation.

It would appear, on the surface, that the world in general could care less. I am sure, from having snooped at public access records, that her credit is nonexistent to poor. It would seem that she could not get into debt due in part to her poor credit history. Luckily for me I am not associated with her or her social security number.

The love, honor, cherish and working together as a single, cohesive unit went out the window long before she left via the door. We are a done deal so, what negative aspects could I possibly encounter by staying married? To my knowledge and recollection I have felt no ill effects from this situation that were not negated by a positive experience.

She might not be considered hostile, however she is far from being forthcoming in providing information. It looks as though this no fault could cost a grand and in my shoes that is a chunk of change.

Aside from not being able to remarry what is the downside to staying technically married compared against the cost of a divorce?

I may be quite mad, yet I assure you that I am quite serious.

 

[LdiJ]

Except for the one you already cited:
"Therefore, unless you claimed education credits, savers credits, or child related credits that are not available to someone who filed as married filing separately". If he did any of those things or if he made over $65 K in any of the years, it could be an issue.

I think it's also questionable whether filing as single when he was married would "not be clear cut fraud" as you claim.

Its not clear cut fraud because they have been separated for so long. In 25 years of practice I have never had a client "dinged" at audit for filing as single, when they were separated for a long time.

There are several "catagories" so to speak of "errors". We call them:

Math errors (minor as heck)
Didn't have a clue errors (still pretty minor)
Had a clue but did it anyway (still not fraud yet)
Clear cut Fraud

Our poster is going to fall in the second catagory..the third at the worst. He truly has no risk here...and that's assuming that he ever made enough money for it to matter, or had education, savers or child related credits, and in the case of child related or education credits, wasn't able to legitimately file as head of household.

 

[LdiJ]

And to think that I would not apply for vehicle insurance as married even though the rates were much cheaper.

Thank you gentlemen for your individual takes on the situation at hand.
Now that I am out of the woods concerning financial ruin, and I have no fear of the government taking me to the woodshed, I ponder once again my marital situation.

It would appear, on the surface, that the world in general could care less. I am sure, from having snooped at public access records, that her credit is nonexistent to poor. It would seem that she could not get into debt due in part to her poor credit history. Luckily for me I am not associated with her or her social security number.

The love, honor, cherish and working together as a single, cohesive unit went out the window long before she left via the door. We are a done deal so, what negative aspects could I possibly encounter by staying married? To my knowledge and recollection I have felt no ill effects from this situation that were not negated by a positive experience.

She might not be considered hostile, however she is far from being forthcoming in providing information. It looks as though this no fault could cost a grand and in my shoes that is a chunk of change.

Aside from not being able to remarry what is the downside to staying technically married compared against the cost of a divorce?

I may be quite mad, yet I assure you that I am quite serious.

Downsides:

She is legally your next of kin and would be the person to make medical decisions if you are incapacitated.

She is legally your next of kin and would decide what nursing home you went into if that is needed.

She is legally your next of kin and would have a claim on your property if you pass away.

 

[Zigner]

Does anybody else see the hypocrisy in our OP complaining that, in all this time, his wife never got a divorce?