Question

I have been legally separated since 1996. This has never been an option to choose, Should I put legally separated or single (as I have put since 1997)?

Forum|Forum|5 years ago
May 10, 2021
2 replies
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I have been legally separated since 1996 and we have never resided together since that time but just couldn't afford to get divorced then and honestly it's been so long ago I don't even think about it anymore lived and filed single since that time.

TurboTax Deluxe Online

B

Bsch4477

Employee

Separation means that you are living apart from your spouse, but you're still legally married until you get a judgment of divorce from a court (even if you already have a judgment of separation).

macuser_22

Employee

A legal separation per IRS rules to file single required a court separation with separate maintenance decree (almost the same a alimony) that cannot be simply undone without a court order. Only a few states have legal separation and it usually costs as much a divorce so is rarely done anymore.

Per IRS Pub 17

Unmarried persons.

You are considered unmarried for the whole year if, on the last day of your tax year, you are either:

Unmarried, or
Legally separated from your spouse under a divorce or separate maintenance decree.

State law governs whether you are married or legally separated under a divorce or separate maintenance decree.

See this article for information:

https://www.willicklawgroup.com/separate-maintenance/

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**