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Taxes and separation

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tammy8

Senior Member
What is the name of your state? NC

My husband and I separated in Sept without a separation agreement of any sort. He told me back then we could file our taxes together since we lived together for over 9 months. I suppect that he has filed already using a head of household statis with his son. I have been told he should not be allowed to do that due to us still being legally married.

Is there a way for me to find out if and how he filed his taxes? If I file married filing separately will the irs catch on and pentalize him? Or me? I could really use the extra monies of us filing together but it won't make or break me....although it would get me over a hump.

Thanks for the replies
 


LdiJ

Senior Member
tammy8 said:
What is the name of your state? NC

My husband and I separated in Sept without a separation agreement of any sort. He told me back then we could file our taxes together since we lived together for over 9 months. I suppect that he has filed already using a head of household statis with his son. I have been told he should not be allowed to do that due to us still being legally married.

Is there a way for me to find out if and how he filed his taxes? If I file married filing separately will the irs catch on and pentalize him? Or me? I could really use the extra monies of us filing together but it won't make or break me....although it would get me over a hump.

Thanks for the replies
If he has already filed "head of household" then he broke the law. You must be separated for at least the last six months of the year in order to file head of household. However unless you say something to the IRS they won't investigate it because they have no way of knowing how long you have been separated.

If it won't make or break you then just go ahead and file "married filing separate"....and just move on with your life.
 

tammy8

Senior Member
OK, If he did file HOH and broke the law, wouldn't when I file married filling separately throw up a red flag?

And yes I have moved on with my life and have figured out to get "my half of the taxes" from other ways :D .
 

LdiJ

Senior Member
tammy8 said:
OK, If he did file HOH and broke the law, wouldn't when I file married filling separately throw up a red flag?

And yes I have moved on with my life and have figured out to get "my half of the taxes" from other ways :D .
No, it won't throw up a red flag. Anytime someone is separated and one of them has the right to claim head of household the other one must automatically file married filing separate. Therefore its the same if someone has been separated for the full six months or not.
 

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