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Can Your Spouse File a Separate Tax Return While a Divorce is Pending

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  • 01-30-2018, 06:33 PM
    WhoDonnit
    Can Your Spouse File a Separate Tax Return While a Divorce is Pending
    Hi, thanks in advance for any advice or suggestions. I am in the process of a divorce here in California. Papers were filed and served early December, agreements and all other paperwork were signed and notarized near the end of December. Divorce papers are awaiting a judges signature, won't be final until early May. Wife worked two jobs last year and should be getting two W2 statements. I phoned here to see if she has received them yet and she has one and is waiting for the second one. She then tells me that she won't be providing them to me as she will be filing separately. Married - Separate? Can she do that? What are the ramifications? Can I just go ahead and file the same? Didn't think that it was an option. It might actually be good for me as she always claims dependants on her W4 even though we have none. I always ended up paying the IRS because she never had enough withholding.
  • 01-30-2018, 06:44 PM
    llworking
    Re: Wife Doesn't Want to Cooperate
    Quote:

    Quoting WhoDonnit
    View Post
    Hi, thanks in advance for any advice or suggestions. I am in the process of a divorce here in California. Papers were filed and served early December, agreements and all other paperwork were signed and notarized near the end of December. Divorce papers are awaiting a judges signature, won't be final until early May. Wife worked two jobs last year and should be getting two W2 statements. I phoned here to see if she has received them yet and she has one and is waiting for the second one. She then tells me that she won't be providing them to me as she will be filing separately. Married - Separate? Can she do that? What are the ramifications? Can I just go ahead and file the same? Didn't think that it was an option. It might actually be good for me as she always claims dependants on her W4 even though we have none. I always ended up paying the IRS because she never had enough withholding.

    Its not that simple and I suspect that she does not realize that its not that simple. You are in a community property state and the rules for filing separate returns are more complex than they are in other states.
  • 01-30-2018, 07:05 PM
    WhoDonnit
    Re: Wife Doesn't Want to Cooperate
    What should I do if she won't provide me with her W2 forms. She is basically refusing to give me the information for filing jointly and says that she will be filing separately.
  • 01-30-2018, 07:26 PM
    llworking
    Re: Wife Doesn't Want to Cooperate
    She has the right insist upon filing separately. She just doesn't appear to understand that filing separate still requires the two of you to cooperate with each other in order to do in legally and correctly.
  • 01-30-2018, 07:57 PM
    WhoDonnit
    Re: Wife Doesn't Want to Cooperate
    Ok, thanks for the input. I did read it but it doesn't really answer the question. I did some more research and have determined that since she refuses to give me the information to file jointly and she indicates that she is filing separately and won't sign a joint return that I can file my own separate return. I will get started this week and when she gets around to doing her own taxes and realizes that she will be owing money she will call me an want to file jointly and I will tell her "too bad, already done".......
  • 01-31-2018, 06:08 AM
    llworking
    Re: Wife Doesn't Want to Cooperate
    Quote:

    Quoting WhoDonnit
    View Post
    Ok, thanks for the input. I did read it but it doesn't really answer the question. I did some more research and have determined that since she refuses to give me the information to file jointly and she indicates that she is filing separately and won't sign a joint return that I can file my own separate return. I will get started this week and when she gets around to doing her own taxes and realizes that she will be owing money she will call me an want to file jointly and I will tell her "too bad, already done".......

    You really cannot file separately without her cooperation. The previous link I gave to a decent explanation has been removed, but google "filing married filing separately in community property states" and keep reviewing the information until you fully understand what is required.
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