Q: I am legally seperated as of October 2023 with final decree. Do I file as single or married filing separately/jointly?
I'm getting conflicting information. My ex wifes financial advisor says to file married jointly but IRS and TurboTax seem to say file as single.
A:
Based on the information you provided, since your divorce was finalized in October 2023, your tax filing status for the 2023 tax year (which you would file in 2024) should be "single."
The IRS determines your marital status on the last day of the tax year (December 31). If you were legally divorced by that date, you should file as "single." If you were still legally married on December 31, even if separated, you would need to file as either "married filing jointly" or "married filing separately."
It's important to note that a legal separation is not the same as a divorce in the eyes of the IRS. If you were only legally separated on December 31, 2023, but not yet divorced, you would still be considered married for tax purposes.
I recommend following the guidance provided by the IRS and tax preparation software like TurboTax, as they are more likely to have accurate and up-to-date information. If you have any doubts, it's best to consult with a qualified tax professional who can assess your specific situation and provide personalized advice.
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