Hey everyone, thanks for taking the time to read.
Here’s the situation: Filed for divorce on the last day of the year. How do I file for taxes? Do I file as married, single, or individual?
I live in California, no kids, and no community property or debt. The six-month waiting period started on 12/31/24, I believe.
Just filing for divorce doesn’t mean you’re considered single. You have to choose between Married Filing Joint or Married Filing Separately. What’s best depends on your personal situation, not just taxes.
You’ll likely file as Married Filing Separately since you’re still legally married.
Milan said:
You’ll likely file as Married Filing Separately since you’re still legally married.
Thanks!
Just so you know, California is a community property state. This doesn’t just refer to property, it includes income from your job if you were living together that year.
If you file as Married Filing Separately, you’ll have to split your income and tax withholding. That means you report half of your income and your spouse’s income and withholding on your return.
Check out the details here: About Publication 555, Community Property | Internal Revenue Service
Since you’re still married, you can’t file as single. You can file as Married Filing Joint or Married Filing Separately depending on how you get along with your soon-to-be ex.
Haim said:
Since you’re still married, you can’t file as single. You can file as Married Filing Joint or Married Filing Separately depending on how you get along with your soon-to-be ex.
Thanks!
Haim said:
Since you’re still married, you can’t file as single. You can file as Married Filing Joint or Married Filing Separately depending on how you get along with your soon-to-be ex.
I’d say it’s not just about getting along, it’s whether you trust your ex with taxes and reporting.
You probably mean 12/31/24, right? For tax purposes, you’re still married unless the divorce is finalized. You can file as Married Filing Jointly, Married Filing Separately, or Head of Household if you’ve been living apart for the last six months and have a dependent that qualifies you for the Head of Household status.
Good luck, OP. The others covered the tax info well. If you’re on good terms with your spouse, ask about filing jointly one more time. Otherwise, you’ll probably file as Married Filing Separately.
Harper said:
Good luck, OP. The others covered the tax info well. If you’re on good terms with your spouse, ask about filing jointly one more time. Otherwise, you’ll probably file as Married Filing Separately.
Thanks!
We are on good terms, but she didn’t work all year. We’ll check our options.
@Quin
That makes it more likely you’ll want to file jointly, especially since she didn’t work. Cheers.
What kind of time machine are you using?
I’d recommend filing as Married Filing Separately. Do it as soon as you can.
Once again, if you’re getting along, file jointly. Your wife’s lack of income will help reduce your tax burden. Filing separately can stop you from claiming certain tax credits that you might get with a joint filing.
