Filing Taxes

RedWineStrat · 2024-01-25T18:11:47+00:00

Filing separately while you are married generally puts you at a disadvantage. Her lower income will bring you closer to lower tax brackets. If you are amicable enough, I'd recommend it. Please keep in mind, tax returns are just trueing up what you already paid out throughout the year via payroll and/or quarterly payments.

So when you receive a refund, you overpaid throughout the year. When you have money due, you underpaid. Most people don't realize this.

You didn't list a lot of specifics, but if you already have separated most of your assets as part of the legal split, one of you is potentially coming out on top by a landslide if one of you paid less to the government than your "share" throughout the year and the other did the opposite.

If you have very basic income (e.g., just W2s and bank interest) you may want to just file a 1040 by hand to see what the result is single vs married. That may sound daunting, but it's not too bad if you follow the instructions line by line and use some caution.

If your assets are still commingled and there is an asset split later through the legal process, it likely makes sense to file jointly.

SkeptiCynical · 2024-01-25T15:08:53+00:00

What stage are you in the divorce? If you have a separation agreement in place, do what it says. Your finances should be separated ASAP.

If she doesn't pay taxes, or pays little in taxes, she's going to eat up your return. My first year separated, my ex wanted me to file jointly because she didn't know how to file her own taxes (at 40+ years old) and literally couldn't afford the accountant. I stupidly filed jointly for her, paid her taxes, and her lawyer had the audacity to ask for half the return. I ignored that and kept it.

The next year she asked again. I filed married/separate and enjoyed my entire return.

grandpaharoldbarnes · 2024-01-24T23:48:13+00:00

Tax pro here: What state do you live in? Do you have kids?

WartimeDad · 2024-01-24T22:49:09+00:00

Just split it even like she says.

junkmailbox121 · 2024-01-24T22:20:37+00:00

I'd file married for a better return/lower owed to the IRS. Hire a CPA to do the tax return and tell them to split the result to your account and your stbxw's account. Have them also show the 1040 before filing so you know exactly what you will get or owed.

I filed married for the year before the divorce was finalized else I would've owed a bit of money. Then I adjusted my deductions so that I wouldn't have to owe when filing the next year as I would be filing head of household.

lewtus72 · 2024-01-24T21:58:44+00:00

I just went through this. I ended up biting the bullet and filed separately and I owed and this is before we actually divorced. She came back and court and said she wanted any of the refund. I said I said we'll split whatever the IRS says... Said oh by the We owe money so you're going to pay me right??

I would just get an agreement with your lawyer that says you'll file married. You'll split the check 50/50 or something like that. It's a win-win. Otherwise it's just painful. Just get it in writing mind forge my name on IRS documents took all the cash. I'm actually going to the police now to file charges against her. She's already a felon to begin with so... My divorce judge had final decree was so pissed at her. He said I need to file it with as a criminal act.

jimsmythee · 2024-01-24T21:55:48+00:00

If you file taxes now? Either married filing jointly or married filing separately.

If she wants to file jointly and then take all of the tax refund? Tell her to pound sand.

Acceptable_Piano4809 · 2024-01-24T21:29:06+00:00

I don’t care, as soon as she left I file married filing single until after the divorce is finished and you can too.. you will prob pay less if filing married but I refuse to give my ex any of my tax refund (she doesn’t work, or she didn’t while we were married, have no clue what she’s been up to the last year, other than getting pregnant w her AP which is why the divorce is stayed)

life-is-short- · 2024-01-24T21:26:45+00:00

I did not get it. Are you divorced? Or in the process for 5 months. In first case you normally filing as single and she doesn’t need your w2. In a second case it depends on agreement you made. Better to file jointly to get best outcome and split either return or debt. Single is always higher.

Title	Filing Taxes
Author	Brown33470
Upvotes	8
Comments	15
Date	January 24, 2024 9:17 PM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/19erkr7/filing_taxes/
Archive Link	https://theredarchive.com/r/Divorce_Men/filing-taxes.1243726 https://theredarchive.com/post/1243726

Comments