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.


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Steve

Steve Christensen

Steve has over twenty-five years of experience as a trial and appellate attorney, thus making him one of the most experienced attorneys in his field in the state. As an attorney, Steve quickly identifies legal issues and focuses his presentation on the strengths of his client’s cases, therefore resulting in his great success as an attorney.

He has handled over 80 trials and other evidentiary hearings before judges. He has settled hundreds of cases before, during, and after a trial. Steve takes pride in relating to his clients while conveying their cases convincingly to juries and judges.

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Steve ChristensenTaxes and Divorce