Tax Filing Status

[machsz]

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

I was divorced in May of 2008. Can my exhusband and I still file a joint return for 2008 since we were married for half the year?

 

[NotClueless]

What matters is that you were DIVORCED on December 31st. You cannot file jointly with your X; you can file single or HOH, depending on various other items.

 

[LdiJ]

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

I was divorced in May of 2008. Can my exhusband and I still file a joint return for 2008 since we were married for half the year?

Since when is January thru May 1/2 of the year?

In any case no. As the other poster told you if you were divorced as of 12/31/08 you may NOT file a joint return.

 

[machsz]

Wow. I didn't mean literally "half" of a year. It was five months.

I had been told that we could file a partial year return, which is why I asked the question.

Since the divorce I have worked part time. While married, I stayed home taking care of kids; he made a lot of money. So when we file separate 2008 returns, he will get thousands of dollars (as tax refund) and I will get several hundred.

I am surprised the attorney did not tell us that we couldn't file joint and wish that he had. My husband and I even discussed with him that we had agreed to file and split our 20008 tax return and didn't need to cover that in our divorce papers.

 

[LdiJ]

Wow. I didn't mean literally "half" of a year. It was five months.

I had been told that we could file a partial year return, which is why I asked the question.

Since the divorce I have worked part time. While married, I stayed home taking care of kids; he made a lot of money. So when we file separate 2008 returns, he will get thousands of dollars (as tax refund) and I will get several hundred.

I am surprised the attorney did not tell us that we couldn't file joint and wish that he had. My husband and I even discussed with him that we had agreed to file and split our 20008 tax return and didn't need to cover that in our divorce papers.

Family law attorneys are not tax professionals. They cannot be expected to provide accurate tax advice...however unfortunately they sometimes do give tax advice based on inaccurate assumptions.

 

[mistoffolees]

Wow. I didn't mean literally "half" of a year. It was five months.

I had been told that we could file a partial year return, which is why I asked the question.

Since the divorce I have worked part time. While married, I stayed home taking care of kids; he made a lot of money. So when we file separate 2008 returns, he will get thousands of dollars (as tax refund) and I will get several hundred.

I am surprised the attorney did not tell us that we couldn't file joint and wish that he had. My husband and I even discussed with him that we had agreed to file and split our 20008 tax return and didn't need to cover that in our divorce papers.

He gave you incorrect advice. You can not file jointly.

However, check the wording of the decree. If it says that you are to split any tax refunds for 2008, then you would have to give him half of yours and you could ask for half of his. I'd be surprised if it's worded that way, but stranger things have happened.

Besides, if your husband agreed to it, then simply ask him to honor his agreement. Why assume he's going to cheat you out of something you agreed to?