Divorced, living together, how to file?

[billandmisty78]

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

My wife and I divorced a few years back, reconciled, and live together with our four children. Is it legal that we both file single and she gets EIC? Do I have to claim her on my taxes though we hold no financial obligation to each other? My tax preparation team has made no mention of the large return we recieved last year or the fact that we live at the same address. Any information would be greatly appreciated!

[LdiJ]

Originally Posted by billandmisty78

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

My wife and I divorced a few years back, reconciled, and live together with our four children. Is it legal that we both file single and she gets EIC? Do I have to claim her on my taxes though we hold no financial obligation to each other? My tax preparation team has made no mention of the large return we recieved last year or the fact that we live at the same address. Any information would be greatly appreciated!

Yes, its legal that you both file single. In fact, it would be illegal to file as married because you are NOT married.

You could not claim her on your taxes unless she lived with you for the entire year and earned less than 3650.00 for the year.

As far as her claiming EIC, if she is claiming the children as dependents she may claim EIC for them if she qualifies, incomewise. However, that may not be the case much longer, as they are constantly tightening the rules for EIC.