Anamosa, IA asked in Divorce for Illinois

Q: My husband and I are legally separated. Can we file as single on our taxes?

Or if we file for divorce but it's not finalized by the end of the year can we file as single?

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1 Lawyer Answer

J. Richard Kulerski Esq.

  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: You are entitled to file either way. However, if you file individually, and this causes more of a loss to the marital estate than filing jointly would, your spouse can go to court to compel you to file an amended joint return. At that point, you would sort out how to equalize the refund or how much he should pay you to make up for what you lost by filing jointly.

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