Skip to main content
March 5, 2021
Question

I was married 10 out of 12 months. Can we still file together?

  • March 5, 2021
  • 1 reply
  • 0 views
I work and he receives social security disability.

1 reply

March 5, 2021

It depends on which ten months. The IRS considers you to be married if you were married on December 31. If you were married ono the last day of the year you can file together or separate. It's your choice.

 

You are considered married for the whole year if, on the last day of your tax year, you and your spouse meet any one of the following tests.

  1. You are married and living together.

  2. You are living together in a common law marriage recognized in the state where you now live or in the state where the common law marriage began.

  3. You are married and living apart but not legally separated under a decree of divorce or separate maintenance.

  4. You are separated under an interlocutory (not final) decree of divorce.