Decatur, TN asked in Tax Law for South Carolina

Q: My husband and I have separated. Would I be getting a better refund filing married/joint or single? 1 dependent age 18

We filed married/joint in the past and with 2 dependents resulting in receiving EIC. Now both children are over age 17 which lessens the refund, I know. Which way would I get a better return, especially being currently unemployed?

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1 Lawyer Answer
Linda Simmons Campbell
Linda Simmons Campbell
Answered
  • Tax Law Lawyer
  • Burlington, CT

A: If you are still married you cannot file as single. You can file married filing jointly or married filing separately. It is impossible to tell you which way you would get a bigger refund so I can only speak in general terms. There are certain deductions that you will not be allowed to take if you file married filing separately.

There can be benefits to filing separately. If filing jointly would result in a liability then you are both jointly and severally liable for the taxes due. In that case filing separately would limit or possibly eliminate your liability. If this is a contentious divorce it would also ensure that you receive your share of the refund.

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