Q: If I have a separation agreement in Virginia, am I considered legally separated in IL?
I ask for Federal tax purposes because I am on military orders for Va, but claim IL as home of residence. The Tax law states go with your state laws. Want to file as single vs married filing separate. In IL I can file single with a legal separation. The agreement is not court ordered, but notarized and binding, and will eventually be filed with the divorce in Va.
A: While I agree with Cheryl Powell that it's a tax question and you should talk to a CPA, you should also talk to an attorney licensed to practice law in Virginia about the legal effect of your separation agreement since it doesn't sound like a court signed off on it. If the two of you simply drafted an agreement and signed it before a notary public, it may not have the legal significance you think it does.
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