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  1. #1
    happyinaz is offline Member
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    Separated....How to file taxes?

    What is the name of your state? AZ

    My husband and I are separated (not legally) and I'm wondering if there are any advantages/disadvantages to filing "married, filing jointly" vs. "married, filing separately"? We have 2 minor children. If we file separately, who claims the children? Can we split them? (That sounds horrible, but you know what I mean!) Any advice or information would be greatly appreciated! Thanks so much!
  2. #2
    LdiJ is online now Senior Member
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    Quote Originally Posted by happyinaz View Post
    What is the name of your state? AZ

    My husband and I are separated (not legally) and I'm wondering if there are any advantages/disadvantages to filing "married, filing jointly" vs. "married, filing separately"? We have 2 minor children. If we file separately, who claims the children? Can we split them? (That sounds horrible, but you know what I mean!) Any advice or information would be greatly appreciated! Thanks so much!
    How long have you been separated? Who are the children primarily living with? The answers to those two questions determine our answers to your questions.
  3. #3
    happyinaz is offline Member
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    We have been separated approximately 6 months. I officially moved out in the middle of July, but from April - July, I was staying with friends/renting a room while my husband was in town and staying in our marital house (with our children) when my husband was out of town (approx 5 nights per week).

    He has the children approximately 140 days/year.

    Thanks in advance!
  4. #4
    LdiJ is online now Senior Member
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    Quote Originally Posted by happyinaz View Post
    We have been separated approximately 6 months. I officially moved out in the middle of July, but from April - July, I was staying with friends/renting a room while my husband was in town and staying in our marital house (with our children) when my husband was out of town (approx 5 nights per week).

    He has the children approximately 140 days/year.

    Thanks in advance!
    If a separated person has had custody of the children for more than six months of the year, and has been separated from their spouse for at least the LAST six months of the year, then that person can be considered to be unmarried for tax purposes, and can file as head of household.

    Otherwise, the choices are married filing separately or married filing jointly. When children are involved, in particular, it usually produces a better result to file married filing jointly.
  5. #5
    TinkerBelleLuvr is offline Senior Member
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    The poster lives in a community property state. This is one of those times where I would HIGHLY suggest going into a tax office to figure it out. I have done the tax returns for the divorcing couples in the past. I ask them both for their information - separate them to different rooms and work it both ways. GENERALLY, I find it in their best interest to file jointly.
  6. #6
    happyinaz is offline Member
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    When was I considered separated?

    I got an Order of Protection against my husband in late April of last year, and I haven't stayed in the same house with him since then. He is out of town 4-5 nights a week, so when he was in town, he would stay at the marital home, and I stayed with friends. After a few weeks of that, I rented a room on the nights he was home, but the other nights stayed with the kids in our marital home. I officially moved out (rented a house) in the middle of July. When was I considered separated? The end of April or middle of July?
  7. #7
    LdiJ is online now Senior Member
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    Quote Originally Posted by happyinaz View Post
    I got an Order of Protection against my husband in late April of last year, and I haven't stayed in the same house with him since then. He is out of town 4-5 nights a week, so when he was in town, he would stay at the marital home, and I stayed with friends. After a few weeks of that, I rented a room on the nights he was home, but the other nights stayed with the kids in our marital home. I officially moved out (rented a house) in the middle of July. When was I considered separated? The end of April or middle of July?
    The order of protection, from April, is a pretty clear indication that you separated in April.

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