Albany, NY asked in Divorce for New York

Q: If I am legally separated from my wife, can we still file joint tax returns?

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1 Lawyer Answer
Michael E. Underwood
Michael E. Underwood
PREMIUM
Answered
  • Fayetteville, NY
  • Licensed in New York

A: Typically you are not able to still file a joint tax return as the IRS code details:

Unmarried persons. You are considered unmarried for the whole year if, on the last day of your tax year, you are either:

Unmarried, or

Legally separated from your spouse under a divorce or separate maintenance decree. State law governs whether you are married or legally separated under a divorce or separate maintenance decree. However, you should consult with your accountant for this question for more details.

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