Legal Question in Tax Law in North Carolina

divorce and taxes

i was told since i was legally seperated that i could file single on my tax return. is this true?

Asked on 2/15/07, 10:58 am

1 Answer from Attorneys

Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: divorce and taxes

Married couples can not file as "single." A couple is considered married based upon their mariage status as of December 31. You state you are "legally separated." If you mean you are living apart from your spouse and have filed for divorce, you are still considered "married" for tax purposes. Some states have a quasi-divorce, sometimes called a "separation from bed and board" for those who have a religious opposition to divorce. This is extremely rare, but is considered a divorce for tax purposes.

You should check this out with your tax attorney.

Ron Cappuccio

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Answered on 2/15/07, 11:08 pm

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