I live in Washington state and am legally separated. Can I still file as married filing jointly?

Forum|Forum|1 year ago
January 15, 2025
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Best answer by DaveF1006

Yes, you may file Married Filing jointly because it is permitted under Washington State law.

Washington State law

[Edited 01/22/24|2:32 pm PST]

@geolitts23

xmasbaby0

Employee

Does your spouse want to file a joint return with you?

**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.**

xmasbaby0

Employee

What Happens If I Get Legally Separated and Live in a Community Property State?

The laws of a state impact the manner in which property is divided during a divorce. Most states follow a set of laws called equitable distribution. A minority of states, however, distribute marital property using guidelines known as community property laws.

In community property states, any property that a couple acquires during the marriage is said to be owned equally by each spouse.

This means that even if a couple is separated, any property that can be considered community property will continue to partially belong to each spouse until a divorce is finalized.

Opus 17

Employee

The type of legal separation that allows you to be considered unmarried and file as single is very narrow, and I have never seen a tax court case where someone actually qualified. See a local attorney if you want to review your personal situation.

As a result, your options are generally going to be married filing jointly, married filing separately, or head of household if you meet the qualifications. You can always file jointly if you are married and your spouse agrees to file jointly.