divorce to avoid marriage penalty taxes legal?

How legal is it to divorce for reasons of marriage penalty evasion? We are a happy couple, however the tax is killing us esp. since both of us are planning on going to grad school next year.
Thanks.

If you are in a no-fault divorce state, there would be nothing illegal about it. If you were in a state that had specific grounds for divorce, you would have to perjure yourselves for the divorce (I can’t recommend that although it is probably common). You would be violating no tax law.

However, are you sure that the “marriage penalty” in your case is as large as you think it is. Before you decide on something like a divorce, check out what the tax would be both ways. As single people, or as married filing joint. And check it out under Bush’s new tax law. I believe that the new law at least partially in not completely will eliminate the “marriage penalty.”