Legal Question in Family Law in New York

filing taxes while separated

My estranged spouse and I have been living apart for 3 years. Are we obligated to file taxes together?


Asked on 2/08/07, 7:19 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: filing taxes while separated

No. You are not obligated to file joint tax returns.

Nor, are you obligated to "cooperate" with your spouse, with respect to any tax filings or any other aspect of your separate personal lives and finances, absent a Court Order mandating or directing that you disclose or produce certain information or documents.

Good luck,

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Answered on 2/09/07, 1:15 pm
John O'Donnell Attorney at Law

Re: filing taxes while separated

Assuming there are no court orders to the contrary, you most likely have 2 options. You may file "married filing jointly" or "married filing separately." Married filing separately will likely result in both of you paying more tax together than if you file jointly.

Depending on your particular circumstances, one of you may be able to file as "unmarried head of household" if you have dependent children.

The bottom line--consult your tax advisor.

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Answered on 2/08/07, 10:34 pm


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