Tax claims...

[CJane]

NO Cjane...Get things right. Maybe you need to study a little harder. I SAID he got the job in June....we have been separated since Feb. Theres no way I have said that we separated in June. Because thats not the truth. That thought has never crossed my mind of even saying that.

Ok. But just for clarification, in your very first post to this thread, you said the following:

What is the name of your state? Alabama

Me and my son moved out of my husbands house in February, he got a job in June and is still claiming me and my son on his taxes. I just want to make sure this is legal. We were legally separated in June and are now getting a divorce. I dont really know that much about all of this...so please any help would be appreciated!

And I'm willing to bet you're NOT 'legally separated' by an order of the court or you'd already have the tax stuff straightened out via court order.

But you go on ahead and let your parents claim you and your son.

 

[TinkerBelleLuvr]

Our poster used the magic words "legally separated." In my experience, this is not a phrase people throw around during a divorce, but denotes an actual court separation. Now, she may be wrong in describing herself as 'legally separated,' but unless she's misdescribing her legal separation status, for tax purposes she is unmarried. Period.

Abezon, my assumptions of her status are based on what she has written over multiple threads. Her 'legal separation' is strictly how she view herself with a pending divorce. When someone is in the PROCESS of a divorce, they aren't 'legally separated' like you and I view it in the tax world. I would bet that she is under an interlocutory. She would have had to file two separate motions to be 'legally separated'.

Since the OP thinks the divorce will be complete PRIOR to yearend, this discussion really is moot. She would be SINGLE. Her filing status probably will be single since she's living at mom & dad's and isn't working much. You will note that I mentioned in a prior thread that her working under the table does NOT exclude her from filing a return.

Considered married.
You are considered married for the whole year if on the last day of your tax year you and your spouse meet any one of the following tests.
You are married and living together as husband and wife.

You are living together in a common law marriage that is recognized in the state where you now live or in the state where the common law marriage began.

You are married and living apart, but not legally separated under a decree of divorce or separate maintenance.

You are separated under an interlocutory (not final) decree of divorce. For purposes of filing a joint return, you are not considered divorced.

OP - Did you (or your STBX) file just for divorce?

 

[STEPHANIEJONES]

No When I Left On Feb. 6, I Hired An Attorney, Who Then Said Because We Just Had Gotten Married He Would Advise I Filed For Separation Because The Annulment Was Not An Option And It Was Too "soon" To Get A Divorce. Which I Did. We Did Not Have A Court Date Until April. Yes I Have A Court Order For The Separation Which Included Visitation Schedules And Such. He Is Not Legally Made To Pay Child Support Because We Are Married.

 

[STEPHANIEJONES]

Sorry for the first letter of every word being capped...i accidentally typed in all caps!

 

[CJane]

We Did Not Have A Court Date Until April. Yes I Have A Court Order For The Separation

What's the date stamp on that? THAT is the date you were officially legally separated.