Dorchester Center, MA asked in Divorce and Tax Law for Massachusetts

Q: If wife asks for divorce,both parties still live home with 3 kids, can husband to file taxes and claim 3 kids secretly

Nothing has been filed, not separated. He told her after he filed. He also changed his ira & life insurance and took wife off of it all.

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2 Lawyer Answers
Lillian J. LaRosa
Lillian J. LaRosa
  • Woburn, MA
  • Licensed in Massachusetts

A: If there are no Court Orders nor is there even a divorce complaint filed, there is no impediment to husband doing so. Your friend should file for Divorce and engage counsel to protect her rights as she seems to be in the dark on same.

A: Married taxpayers are allowed to file their income tax returns jointly (which saves them money), or as "married filing separately" (is usually more expensive). If either spouse elects to file separately, they are not entitled to claim the other spouse as a dependent (which is what makes it more expensive).

Married taxpayers filing separately may be able to claim all children as dependents--if they provide over 50% of the children's support. If this is done, the other spouse must also file separately, and can only claim themselves; they cannot (lawfully) claim exemptions for all the children because that would be claiming all the children twice.

P.S. I am not a Massachusetts divorce lawyer; but it appears to me that you should consider hiring a good one.

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