Taxes and Divorce

Question

I worked in 2014 for a short time, and I checked on the IRS calculator, and it said I need to file. Prior to this, my husband (we are separated and are divorcing) called asking to claim me this year on his taxes. I agreed. Is there going to be any problems?

Answer

Your question raises two issues. First will you file as a Married Filing Jointly or Married Filing Separately. Second, if I agree to file Married Filing Jointly, who will claim the refund or pay the tax obligation? Before you sign on a joint return, you should resolve this issue. You should consult an accountant to see whether it is better for you to file separately.

If there are children that you could claim, there may be earned income credit and child tax credit that entitle you to a tax refund. Generally, you do not want to leave refunds on the table, which would benefit only the IRS. If you and your husband cannot agree on a win-win situation, you should get an extension on filing so that you get direction from the court or you have time to mediate these issues. See my blog post “Mediation Tips” for tips that could help you out further.

Cameron JohnsonTaxes and Divorce