How do I File my Taxes Now That I am Separated or Getting Divorced?

January 28, 2016

How do I file my taxes now that I am separated or getting divorced? If you separated from your spouse in 2014, you and your spouse should discuss how you are going to file your Federal and State Tax Returns in 2014. Waiting until April 14th, may be too late to sort out the details and will cause each of you additional stress. If you are unsure if it is to your financial benefit to file jointly with your spouse, stop wondering and ask an accountant to draft two separate returns for you, one filing jointly with your spouse and one filing separately. It will be worth your time and money.

If you are receiving or paying child support and spousal support and/or alimony pendent lite (“APL”) pursuant to a Support Order, you and your spouse may still file jointly, if you both agree to do so. You may also file separately. If a divorce complaint has been filed and you are receiving spousal support or APL, you will need to obtain a copy of the Yearly Support Payments/Payment History print out from the County Support Office, in order to prepare your taxes. The support paid directly to you as spouse, is taxable. Child Support payments are not taxable. If you are filing separately, make sure you attach a copy of your Support Order and the Yearly Support Payments/Payment History.

If you have a spousal support obligation or APL obligation, you will also need to obtain a copy of the Yearly Support Payments/Payment History from the County Support Office in order to prepare your Federal Income Tax Return. The payment of spousal support or APL to your spouse is tax deductible. A copy of the Yearly Support Payments/Payment History and the Support Order should be included with your Federal Income Tax Return.

Although it may be difficult for you and your spouse to agree on anything at this time, it is extremely important for the two of you to agree on the filing of your Federal Income Tax Returns. If you do not agree on how each of you are going to file, it could result in the filing of tax returns with conflicting information which will result in a letter from the IRS.