San Diego, CA asked in Divorce, Family Law and Tax Law for California

Q: separation date for a divorce in California, filling taxes status

in the context of determining the separation date for a divorce in California, in regards to spousal support, does filling taxes jointly have an impact, knowing that the spouses are living separately? (for example, if filling jointly is made for tax reasons until the marriage is dissolved)

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James L. Arrasmith
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A: In California, the separation date is an important factor in determining spousal support (also known as alimony) in a divorce. The separation date is the date when the spouses began living separately and apart with the intent of ending the marriage.

Filing taxes jointly or separately can have an impact on the determination of the separation date for spousal support purposes. Generally, if the spouses are living separately and apart, the fact that they file taxes jointly will not necessarily preclude a finding that they are separated for spousal support purposes. However, if the spouses are living together or otherwise have not separated, filing taxes jointly could be seen as evidence that the spouses have not intended to end the marriage and may impact the separation date.

It's important to note that the determination of the separation date for spousal support purposes is based on a variety of factors, including the spouses' living arrangements, financial independence, and intent to end the marriage. Filing taxes jointly or separately is just one factor that may be considered.

If you have questions about how filing taxes jointly or separately may impact the determination of the separation date for spousal support in your specific case, you should consult with a family law attorney who is experienced in California divorce law. They can help you understand your rights and obligations under the law and guide you through the divorce process.

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