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?

Related Topics:
1 Lawyer Answer
Linda Simmons Campbell
Linda Simmons Campbell
  • 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.

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.