Is it best to file jointly or separately during a divorce?
I’m a grad student too and I was in your situation a couple of years ago. You have a choise of filing as married or as married filing separately. It is completely up to you. I think you have to pull up the folder with taxes and get to work. It sounds harder than it is. You are grad student not a business owner so your return is simple. Calculate your return if you were to file as married. Calculate your return if you were to file as married filing separately. Most likely, you will find that filing as married will be in your favor, but it is very small, a matter of a few dollars if that. Given the situation with your husband, it might be easier and better to file separate return so you don’t have to deal with sharing it with him later.
File : Married filing separately. There will be no penalty from previous years because you were listed on his returns. If you file jointly, then he will benefit still from your part. Also, if he became an independent contractor after the two of you became involved, and you were in an existing relationship with him for a period of time while he owned his business, you may be entitled to some type of reward. Check with your lawyer in that situation. I know in some states, it is recognized almost as a joint business partnership when one of the spouses gain a business during the course of the relationship, but you have had to of been in the relationship before the business was started and also for a period of time since the business was in operations.
since you lived together for over 6 months you have to file married,but you also have the option to married filing seperate.with filing married filing sperate it is a higher tax alotment.i to am going through a divorce and have checked into to this,since we parted ways june 1st i am able to do which ever way i want to.
I agree w/the other posters …you have to file married..but you do not have to file jointly. You should not have to deal w/his penalties now. I am aware of a form for “injured spouse”…I’m not sure if it applies or not…but check it out, in case it might help you in not having to pay towards his back taxes or penalties.
