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Can You File Taxes Before Your Divorce Is Final?

Divorce can be a long and complex process, especially when it comes to finances. One question that many divorcing couples face is whether they can file their taxes before their divorce is finalized. The answer is not a simple yes or no, as there are several factors to consider. In this blog post, we will explore the rules and regulations surrounding filing taxes during a divorce and provide some helpful tips for navigating this tricky situation.

Tips for Filing Your Taxes Before Your Divorce Is Final

First things first, it’s important to understand your marital status when filing your taxes. If you were legally married on December 31 of the tax year, you have the option to file jointly with your spouse or separately as married filing separately. This means that even if you are in the process of getting a divorce, you may still be able to file jointly if you were married for the majority of the tax year. However, if you are legally divorced by December 31, you must file separately. Below, are a few tips for filing your taxes before your divorce is final:

  • Filing Separately - If you are still married but want to file separately, you may do so without your spouse’s consent. However, it’s important to note that filing separately may not be the most advantageous option in terms of tax liability. It’s always a good idea to consult with a tax professional to determine which filing status will benefit you most.
  • Filing Jointly - If you and your spouse do decide to file jointly, there are some important considerations to keep in mind. First and foremost, both parties must agree to file jointly. This means that if you and your spouse are in the midst of a contentious divorce, filing jointly may not be a viable option. Additionally, if there are any outstanding tax liabilities or disputes, filing jointly could make things more complicated.
  • Asset Division - Another consideration is asset division. When you file jointly, you are both responsible for all tax liabilities. This means that if your spouse fails to pay his or her portion of the taxes, the IRS can come after you for the full amount. It’s important to have a clear understanding of each party’s tax obligations before deciding to file jointly.
  • Filing as Parents - Finally, it’s worth noting that filing taxes during a divorce can be especially complicated if you and your spouse have children. There may be child tax credits, dependent exemptions, and childcare expenses that need to be divided between the parties. It’s important to work closely with a tax professional to ensure that all relevant credits and deductions are properly allocated.

Filing taxes during a divorce can be a complex and confusing process. However, with the right guidance and understanding, it is possible to navigate this situation successfully. Whether you choose to file jointly or separately, it’s important to work with a tax professional who can help you make informed decisions and avoid costly mistakes. By taking the time to understand your options and obligations, you can ensure that your tax situation is handled properly and protect yourself from any potential legal and financial consequences.

Need Help Navigating the Divorce Process? Contact Our Experienced Miami-Dade Divorce Attorneys Today!

Divorces aren’t one size fits all. Every divorce is unique, which is why your best bet to make it through the divorce process unscathed is to seek out the support of an experienced divorce lawyer. At Orshan, Spann & Fernandez-Mesa, we have been successfully guiding our clients through the divorce process for years. Your best interests are always our top priority, and we do whatever we can to help you end your marriage quickly, effectively, and to your satisfaction.

Call us at (305) 853-9161 or reach out to us online today to schedule a consultation with our dedicated divorce attorneys in Miami-Dade.