Los Angeles, CA asked in Divorce and Tax Law for California

Q: divorce and filing taxes??

Me and my wife are planning a summary of dissolution for our marriage in the upcoming month. which means we won't get our divorce decree until next year.

We won't get a divorce decree by end of year is we file for divorce now it takes six months

-But she is planning to go back home overseas so she won't be here to file her taxes. Should I still file married filing jointly for both of us even though she won't be here or probably report her income to file ? We won't get it by the 31st Dec so probably next year it takes six months. Now when it comes to filling my taxes for 2017 - I know I still have to file married by filing seperate? And now if she doesn't file her taxes for that year am I going to owe the money she might owe for not filling? Or can I still file single once I get the divorce decree before the time of filing for 2017? Cause she has a number of 1099s and might owe taxes and dont want to be repsonsible for that.

I'd love to hear your advice on this and thank you

Related Topics:
2 Lawyer Answers
Michelle D. Wynn
Michelle D. Wynn
Answered
  • Tax Law Lawyer
  • Melbourne, FL

A: If your first questions are about 2016 taxes, you are not allowed to file tax returns for someone else without their permission. If she provides you will the information about all of her income, worldwide, and allows you to prepare a tax return for her with her permission, then you may be able to file Married Filing Jointly for 2016 and likely save on your taxes.

If she has not paid estimated tax payments for 2016 and you have a large balance due on your tax return, then it may be best to file as Married Filing Separately for 2016. You do not have to have been separated in 2016 to use this filing status - even married people living together can file separately. All that filing separately means is that you have chosen not to be jointly liable for your spouse's tax filings.

If you are still married at the end of 2017, even if you are divorced in 2018 before you file your 2017 tax return, you will have to use a married filing status for your 2017 taxes. There is an exception if you lived apart for all of the last 6 months of the year and you have a qualified dependent; then you may be eligible to file as Head of Household.

I strongly recommend speaking with a local accountant for your tax filings for 2016 and 2017 so that they can review all of the pros and cons between filing jointly or separately. But, under no circumstances should you agree to filing jointly unless your wife actually provides all of her income information (worldwide) and agrees to meet all filing requirements for any IRS disclosure forms for foreign income or assets that may apply in her situation. If she fails to do so and you file jointly with her, then you may also be held responsible for anything she does not declare.

Zaher Fallahi
Zaher Fallahi
Answered
  • Tax Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: If you are married at the end of 2017, you must file either married filing jointly or married filing separately. If separated and not lived together for more than six months, you can file head of household if have a quailing dependent. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For specific advice, please consult an appropriate attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.