QUESTION

Do I have to include my husband on my taxes if we are separated?

Asked on Dec 13th, 2011 on Taxation - Alabama
More details to this question:
I am married but we are separated and I don't want to file my taxes with him because he has child support that he pays and I don't want them to take my tax refund. How does that work? We have been married three months and we separated because he was cheating.
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4 ANSWERS

File your taxes as "married filing separately." This should take care of your concerns.
Answered on Dec 14th, 2011 at 4:28 PM

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You can file as married filing separately. The aggregate taxes you and your husband pay will probably be a little higher than if you filed jointly, but you will not be liable for any errors he makes and they would not be able to reach your refund to satisfy any of his liabilities.
Answered on Dec 14th, 2011 at 3:06 PM

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Donald B. Lawrence
You can file taxes as "Married filing Separately". Any refund based on your return filed under that status will be directed to you individually. If you file for divorce immediately, and it is not contested, you could possibly be divorced around the time that you would have to file your taxes. Hopefully, this answered your questions. Details and context often affect the validity and usefulness of an answer that is based on a general statement of the law.
Answered on Dec 14th, 2011 at 3:06 PM

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Tax Law Attorney serving Birmingham, AL at Meadows & Howell, LLC
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Regardless of whether you're separated, you do not have to file jointly with your spouse. Although it is typically more beneficial for a married couple to file jointly, many couples opt to file separately. On your federal and state returns, you will simply choose the option that indicates you are married filing separately. This will allow you to include only your financial information on your return, and your refund or liability will be calculated based on your financial information. Your husband will file his own return in the same manner.
Answered on Dec 14th, 2011 at 2:56 PM

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