Legal Question in Tax Law in Florida

My husband and I have lived together for 7 years and got married 2 years ago. I have a child, but we do not have (and are not going to have) any children together. Due to him owing back child support from a previous marriage we file separately. Prior to getting married, my tax return was approximately $5,000 and his less $1000. Now, I don't qualify for earned income credit and I only get back approximately $1000 and his is the same. Although it turns my stomach to ask, Would it be beneficial for us to get divorced ? Can we remain living together after getting divorced and go back to filing they way we used to without getting into trouble with the IRS? If so, do we need to do it before July 1st?

Thank you,


Asked on 3/08/13, 11:57 am

1 Answer from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Advice: don't consider a divorce merely because of tax considerations. Clients in

the same circumstances described in your inquiry have resolved the tax-filing issue by

including an IRS Form 8379 (Injured Spouse Allocation Form) which enables you to

file jointly and allocate the income, deductions, withholdings, etc. from each of you.

Filing the form enables one spouse to not be adversely affected by the status of

the other spouse who because of a past tax liability is penalized by the IRS which

includes keeping any refund even if it belongs to the other spouse. Research it

or advise your tax preparer. Test the benefits of filing as two single persons instead

of filing separately as married persons. Usually, there is little benefit unless there

are special circumstances.

Read more
Answered on 3/08/13, 12:23 pm

Related Questions & Answers

More Tax and Taxation Law questions and answers in Florida