• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Taxes and Jail and filing jointly

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

st-kitts

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

My someday-to-be-ex spent half of 2010 incarcerated, and several more months in a hospital. It is to my (and his) tax advantage to file married jointly, versus me filing head of household. We have lived physically apart since February. Does anyone know if there are any special tax regs that apply to those serving a portion of a year in jail that limits or changes their tax filing, or could we file jointly as in the past?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Georgia

My someday-to-be-ex spent half of 2010 incarcerated, and several more months in a hospital. It is to my (and his) tax advantage to file married jointly, versus me filing head of household. We have lived physically apart since February. Does anyone know if there are any special tax regs that apply to those serving a portion of a year in jail that limits or changes their tax filing, or could we file jointly as in the past?
No, there are no special regs in that circumstance. You would file jointly, as usual.
 

TinkerBelleLuvr

Senior Member
If you have children, you could LEGALLY file HOH or MFJ or MFS. Each has their own pluses and minus. What does your paperwork state about filing taxes since you mention STBX?
 

FlyingRon

Senior Member
If you have children, you could LEGALLY file HOH or MFJ or MFS. Each has their own pluses and minus. What does your paperwork state about filing taxes since you mention STBX?
That's true *IFF* the HOH requirements are met. Not only do you have to have children, they have to live with you (and you can claim an exemption for them) PLUS you must meet the "considered unmarried" test. This means you spouse must have not lived in with you at ALL during the last six months of the year. This includes "temporary absences" such as the hospitalization if it was reasonable to assume that the person would return at the end of the absence.

But as others pointed out, if you were LEGALLY MARRIED the last day of the year, you're free to file in one of the married categories (of course to file jointly the ex would have to agree to and sign the joint return).
 
Last edited:

TinkerBelleLuvr

Senior Member
That's true *IFF* the HOH requirements are met. Not only do you have to have children, they have to live with you (and you can claim an exemption for them) PLUS you must meet the "considered unmarried" test. This means you spouse must have not lived in with you at ALL during the last six months of the year. This includes "temporary absences" such as the hospitalization if it was reasonable to assume that the person would return at the end of the absence.

But as others pointed out, if you were LEGALLY MARRIED the last day of the year, you're free to file in one of the married categories (of course to file jointly the ex would have to agree to and sign the joint return).
I based my answer on :

We have lived physically apart since February
Therefore, they were apart the last six month of the year.
 

davew128

Senior Member
If you have children, you could LEGALLY file HOH or MFJ or MFS. Each has their own pluses and minus. What does your paperwork state about filing taxes since you mention STBX?
They can each file as single persons since they lived apart the last six months of the year. I don't know about HOH since there is no mention of children.
 

TinkerBelleLuvr

Senior Member
They are still married, therefore, filing single is NOT an option. Once the divorce is in finalized, they can file single.

If the OP has dependents that qualify her to file as HOH, then she can file as such. If she files that way, then HIS only option is MFS.
 

davew128

Senior Member
They are still married, therefore, filing single is NOT an option. Once the divorce is in finalized, they can file single.

If the OP has dependents that qualify her to file as HOH, then she can file as such. If she files that way, then HIS only option is MFS.
You're wrong. Look up the exceptions for married persons. They lived apart the last six months of the year. They can choose to file as single persons, and by the way head of household is a single status. Not to mention, legal separation counts as a divorce for tax purposes.
 

FlyingRon

Senior Member
You're wrong. Look up the exceptions for married persons. They lived apart the last six months of the year. They can choose to file as single persons, and by the way head of household is a single status. Not to mention, legal separation counts as a divorce for tax purposes.
There's no such thing. The Married Living Apart / Considered Unmarried only applies to the HOH filing. If on the last day of the year you are not unmarried or legally separated, SINGLE is not an option for you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top