Legal Separation and Taxes in Arizona

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Legal Separation Vs. Divorce When Filing Tax Returns

When it comes to filing tax returns, there's a difference between legal separation and divorce.

The Internal Revenue Service considers people who are legally separated but have not received a final divorce decision to be married (IRS). Your eligibility to file a joint tax return is unaffected by spousal support, child support, custody, or property partition decrees. You can file as head of household or single if you receive an order of separate maintenance before the end of the year, but it's still a good idea to submit a joint income tax return with your husband. Separate returns will almost certainly result in greater taxes.

Can You File a Joint Income Tax Return During a Divorce?

If you and your estranged spouse are still married on December 31 and agree to file jointly, you and your estranged spouse can file a joint income tax return for the current tax year. Similarly, if you were still married on December 31 of the previous year and agreed to file jointly, you can submit a joint tax return for that year.

Filing a joint income tax return during a divorce has several advantages.