22 responses

  1. T
    April 10, 2016

    I am in the middle of the divorce process (our separation began legally in January 2016), and am interested in filing as “married filing separately” for last year since (as a stay-at-home-mom, my income is negligible compared to my ex-husband’s).. Separately, I have learned that I will be eligible to receive half of our family’s contribution to my ex’s retirement savings during our marriage. I am wondering if filing as “married filing separately” will affect my rights to the retirement savings for the year that I file separately?

    Reply

    • Ginita Wall, CPA, CFP®
      April 10, 2016

      No, your tax filing status shouldn’t affect your property rights under state law.

      Reply

      • T
        April 11, 2016

        Thank you!

        Reply

      • T
        April 13, 2016

        Thank you so much. Your answer led me to another question. If my husband and I file separately, he will have a tax liability for 2015 and I will not. Are we jointly responsible for the liability on his return considering that we were married for the entirety of 2015?

        Reply

    • Ginita Wall, CPA, CFP®
      April 10, 2016

      No, your tax filing status shouldn’t affect your property rights under state law.

      Reply

  2. jeanette Darden
    July 14, 2016

    I have always file my taxes separated more than 30 years or more, no property plus head of house hold .
    Do I need to worry?

    Reply

    • Ginita Wall, CPA, CFP®
      July 14, 2016

      You can file as head of household if you and your spouse did not live together during the last six months of the year and you maintain a home that is the principal residence of a dependent child for more than six months of the year.

      Reply

  3. Cathy
    July 14, 2016

    Why do I have to pay taxes on my divorce settlement when my ex-husband and I pay taxes on this money while we were married?

    Reply

    • Ginita Wall, CPA, CFP®
      July 14, 2016

      Divorce property settlements are not taxable. If you receive alimony, that is taxable to you and deductible to the payor.

      Reply

  4. Laurie Konrad
    September 17, 2016

    Ex-spouse and I filed separately for 2013 taxes. He had verbally said he would get the information i needed to file separately. The information he provided in W2 form was fraudulent and he had encouraged me to use that for my taxes. He actually followed up with me more than twice to see if i filed. I did not use his fraudulent information provided. What course of action do I take knowing ex-spouse is using these types of tax fraud.

    Reply

    • Ginita Wall, CPA, CFP®
      September 18, 2016

      Your first action is to file an accurate return for yourself. After that, you can take any action you want.

      Reply

  5. Ginny
    November 29, 2016

    Hi. It appears I will be divorced before the end of this year. I am quit claiming the house and land to my husband. I paid the mortgage for about half of the year.
    He makes far less money than I do.
    How shall I file, and will I be crucified on taxes?
    Thanks for your help.

    Reply

    • Ginita Wall, CPA, CFP®
      November 29, 2016

      If you are divorced before the end of the year, you will file as single, or possibly as head of household if you still have children at home.

      Reply

  6. Mary
    January 26, 2017

    My husband left in mid Dec 2016. He has not paid the mortgage since then and I can’t afford it on my own. I have a temporary in February and I have a lawyer. My question is this when I go to file taxes can I claim the interest filing married filing separate on my tax return?

    Reply

    • Ginita Wall, CPA, CFP®
      January 28, 2017

      If you live in a community property state, and the mortgage was paid from earnings, then you are entitled to half of the interest deduction. If you live in a separate property state and his income was considered to be his separate property, you may not be able to claim the interest.

      Reply

  7. ana esparza
    May 22, 2017

    im married in a dovorce state since 1/28/16,all this time i had my children with me but i have receice child support and spousal support,but i have earnings from work,how can i file? thank you

    Reply

    • Ginita Wall, CPA, CFP®
      June 1, 2017

      If you are talking about filing your taxes, it sounds as though you qualify to file as head of household.

      Reply

  8. Wendy F
    July 7, 2017

    i am considering selling my house. My attorney said it would be best to put the ENTIRE proceeds from the sale of the house in an attorney’s interest bearing trust account. His reasoning was because if my husband has ripped me off, I won’t be able to get that money back otherwise.
    Questions: if I the proceeds are 1.5 mil, and the most I would need to collect from my husband is $100,000, why would I tie up 1.5 mil in a trust account?

    2) the interest earned on an attorney’s interest bearing trust account goes to attorney? Or myself & husband? Or?

    3) is it true that attorney’s want all the money put in a trust account so they can ask to get paid from that account and do they know they have an account to funnel money from?

    Reply

    • Ginita Wall, CPA, CFP®
      July 7, 2017

      Those questions and concerns make a lot of sense, and are great questions to ask your attorney. The interest on the account usually goes to the person(s) whose money is in the account. And yes, the attorneys can be paid from that account if that is the agreement between the owners of the funds (you and your husband) or what the court orders.

      Reply

  9. T Bower
    September 25, 2017

    My attorney said if I file married filing separately I must claim 1/2 of my husbands income and our tax returns must mirror each others. Is this true? I don’t think it is. It doesn’t make sense to me.

    Reply

    • Ginita Wall, CPA, CFP®
      September 25, 2017

      If you live in a community property state, then half of the income you earn belongs to him and vice versa, and whatever income belongs to you should be reported on your tax return. If you have no income other than wages or income from community property, then your attorney is correct.

      Reply

Leave a Reply

 

 

 

Back to top
mobile desktop