Question

I have a protective order against my spouse. I filed for divorce last year but my state has a 3 month waiting period. How do I not loose my tax credits when I file taxes?

Forum|Forum|7 years ago
June 5, 2019
3 replies
0 views

No text available

TurboTax Free Edition Online

A

Anita01

Employee

did youl ive with your spouse during the last 6 months of 2017?

L

latteloveAuthor

I moved out permanently with the kids in Oct of 2017 and we also lived apart for about 3 weeks in Jan of 2017

A

Anita01

Employee

Without a formal separation agreement, you have no choice bur married joint or married separate and separate means you will lose your credits. You could ask your attorney if your state recognizes filing for divorce as a formal separation. You cannot file as Head of Household if you spent even one night living with your spouse during the last 6 months of 2017.

L

latteloveAuthor

Thank you for your response! With a protective order we can't be around each other or even talk on the phone- the court determined child support, custody, and even division of some assets while the divorce is pending. Would that not count as separated? Or is that completely up to the state?