How to file Legally seperated

[cheezoholic]

What is the name of your state (only U.S. law)? SC
Question. My wife and I became legally separated in court on June 1st of '12. The separation agreement was a basic one except she agreed to pay me 20k dollars on the date of the separation and 20k dollars on the date of the divorce, basically for my contributions to our house of 6 years which was in her name.. She also agreed to carry me on her Medical and Dental Insurance until the divorce is final June of this year. SC law requires you to be legally separated for 1 year before a divorce will be granted. My question is should I file as married but separated or legally separated. Also if filing separate or legally separated who would bwe responsible for the tax on the SC State return from last year? I have purchased a mobile home since the separation and have 2 cars paid off. Was laid off last march and been unemployed (had taxes taken out of unemployment) to date. That's the extent of it. She has the house everything else. We are amicable, she has an income over 100k and mine was only 25k this year. Thanx in advance!

 

[ecmst12]

Your options are married joint or married separate. There is no "legally separated" option for taxes, you can't file as single because you're not.

 

[cheezoholic]

I understand. I'm asking the question because the tax software I normally use, asks me if I am Legally separated and if so is strongly recommending I file as single. It even passes the audit protection I paid for. I know don't trust the software as opposed to an actual accountant but was just wondering if there was a change in the law.

 

[davew128]

You don't trust the software you're using yet still use it.

 

[LdiJ]

Your options are married joint or married separate. There is no "legally separated" option for taxes, you can't file as single because you're not.

I am sorry that is not correct. A legal separation counts as unmarried for tax purposes.

 

[cheezoholic]

This is why I'm confused, this is from Pub. 504
"Unmarried persons. You are unmarried for the whole
year if either of the following applies.
You have obtained a final decree of divorce or separate maintenance by the last day of your tax year. You
must follow your state law to determine if you are divorced or legally separated.
Exception. If you and your spouse obtain a divorce in one year for the sole purpose of filing tax returns as unmarried individuals, and at the time of divorce you intend to remarry each other and do so in
the next tax year, you and your spouse must file as
married individuals. "

I guess I don't understand how SC treats this. SC Law states you are either married or not married unless "you have filed a separate maintenance agreement", I cant find anything for that status.

 

[cheezoholic]

It's not that I dont trust the software, it guarantees audit protection but that only goes as far as the information I've given it is true. If I am wrong in my filing status that I present I guess technically they could use that. not really sure. The Separation agreement specifically says each party will file individual tax returns, but does not specify filing status.
Thanx again!

 

[ecmst12]

I am sorry that is not correct. A legal separation counts as unmarried for tax purposes.

Oh....ok sorry I defer to the professional