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  1. #1
    Join Date
    Jan 2014
    Posts
    3

    Default Filing Single or Married

    Hi Last October my wife and I decided to get a divorce. We are still married as the divorce papers have never been signed but we do not live with each other. I asked her if we are going to do the taxes together and she said No I changed my status to single last year. I did not think I could do that. I was going to file my taxes as married filing separately but can I change my status to single even though we are legally still married? I actually asked at work and they said I can't change to single cause we are still legally married. Is this going to cause a problem for me? Thank you

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Filing Single or Married

    You are not single. You are married filing separately. (unless HOH applies)

    http://www.irs.gov/publications/p501...link1000220722

    Here are eight facts about the five filing status options the IRS wants you to know so that you can choose the best option for your situation.

    Your marital status on the last day of the year determines your marital status for the entire year.

    If more than one filing status applies to you, choose the one that gives you the lowest tax obligation.

    Single filing status generally applies to anyone who is unmarried, divorced or legally separated according to state law.

    A married couple may file a joint return together. The couple’s filing status would be Married Filing Jointly.

    If your spouse died during the year and you did not remarry during 2010, usually you may still file a joint return with that spouse for the year of death.

    A married couple may elect to file their returns separately. Each person’s filing status would generally be Married Filing Separately.

    Head of Household generally applies to taxpayers who are unmarried. You must also have paid more than half the cost of maintaining a home for you and a qualifying person to qualify for this filing status.

    You may be able to choose Qualifying Widow(er) with Dependent Child as your filing status if your spouse died during 2008 or 2009, you have a dependent child and you meet certain other conditions.
    http://www.irs.gov/uac/Eight-Facts-About-Filing-Status

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Filing Single or Married

    Quote Quoting j_cuso
    View Post
    Hi Last October my wife and I decided to get a divorce. We are still married as the divorce papers have never been signed but we do not live with each other. I asked her if we are going to do the taxes together and she said No I changed my status to single last year. I did not think I could do that. I was going to file my taxes as married filing separately but can I change my status to single even though we are legally still married? I actually asked at work and they said I can't change to single cause we are still legally married. Is this going to cause a problem for me? Thank you
    You are getting confused between "single" for withholding purposes and "single" for tax filing purposes. They are two separate things. You can elect "single" for withholding purposes even though you are still married, but you cannot use the "single" filing status on your tax return. You must file married filing separately.

  4. #4
    Join Date
    Jan 2014
    Posts
    3

    Default Re: Filing Single or Married

    Ok so filing I will be married filing separately. But for withholding purposes I can actually put "single" even though we are not divorced or legally separated?

  5. #5
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Filing Single or Married

    Quote Quoting j_cuso
    View Post
    Ok so filing I will be married filing separately. But for withholding purposes I can actually put "single" even though we are not divorced or legally separated?
    Yes. Even people who are married and who each earn an income should probably withhold as single.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Filing Single or Married

    Quote Quoting j_cuso
    View Post
    Ok so filing I will be married filing separately. But for withholding purposes I can actually put "single" even though we are not divorced or legally separated?
    As the other poster said, yes. They are two completely separate things. Your withholding is more or less a deposit against the taxes that you will eventually owe for any one specific year. Withholding as "single" actually causes MORE money to be withheld from your pay, rather than less, so the IRS would never object to someone withholding as single when they are married. If you do not withhold enough (ie claim too many exemptions) then you do end up paying a fairly small penalty for under withholding, but there is never a penalty for over withholding.

  7. #7
    Join Date
    May 2008
    Posts
    582

    Default Re: Filing Single or Married

    If there are children involved then you need to be able to agree who can claim them as dependents. ( Remember to address who can deduct any children when it comes to finalizing your divorce.)

    It would really be your best interest to be able to file jointly and agree on how to split any liability or refund.

  8. #8
    Join Date
    Jan 2014
    Posts
    3

    Default Re: Filing Single or Married

    Lucky for us no children just 2 cats so I don't have to deal with that nightmare.

    - - - Updated - - -

    Thank you everyone for your answers this helped me out a lot.

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