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February 14, 2022
Question

How do I file divorced but fileing together? got a divorce final Nov 29th 2021. The decree stats we can file together for the 2021 tax year.

  • February 14, 2022
  • 2 replies
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2 replies

Employee
February 14, 2022

Nope----sorry.   That would be against the tax laws.   If you were divorced before the end of 2021 you cannot file a married tax return.  As far as the IRS is concerned your marital status is determined as of December 31.   You were not married then.    You file as Single, or if you are the custodial parent of the children you may be able to file as head of household.

 

Am I Head of Household?

https://ttlc.intuit.com/questions/1894553-do-i-qualify-for-head-of-household

https://ttlc.intuit.com/questions/2900097-what-is-a-qualifying-person-for-head-of-household

 

If you qualify as Head of Household, when you enter your marital status (single or married filing separately) into MyInfo, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
DoninGA
Employee
February 14, 2022

The divorce decree cannot override the Internal Revenue Code of the United States.

 

If you were not legally married on 12/31/2021 then you can only file your 2021 tax return as Single.  Or if you have qualified persons as dependent and provide over one-half of the cost to maintain your home then you may be eligible for Head of Household.

See this TurboTax support FAQ for HOH eligibility for tax year 2021 - https://ttlc.intuit.com/community/family/help/do-i-qualify-for-head-of-household/00/25539

Employee
February 14, 2022

I've never heard of a divorce decree saying that.  Are you sure that it says that?

Employee
February 14, 2022

Sounds like a lazy judge or lazy attorneys who did not want to bother with the tax details.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**