Yes, it is common that married couples do file married filing separate for various reasons. Each of you will claim your own income. You must agree on any child dependents, If you do not both take the standard deduction, you will then both have to split the itemized deductions.

Question

IfMy wife filed for divorce. We lived together in 2022, incomes and expenses combined. She plans to file married/seperately to lessen her tax burden. Is that legal ?

Forum|Forum|3 years ago
April 16, 2023
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JohnB5677

Yes, it is common that married couples do file married filing separate for various reasons.

Each of you will claim your own income.
You must agree on any child dependents,
If you do not both take the standard deduction, you will then both have to split the itemized deductions.

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B

bills-west-1Author

So the fact that our incomes in 2022 are classified as community property in Idaho doesn't matter ? She spent freely from our combined incomes, which is mostly my retirement, and now she can just use her income alone to lessen her tax burden, and by doing so leave me to pay the tax debt. Doesn't seem right.

A

AnnetteB6

The fact that you are in a community property state does need to be taken into account. Your original question did not mention that fact as something that needed to be considered.

Take a look at the following TurboTax help article to learn more about how filing a separate return in a community property state is done:

Married Filing Separately in community property states

@bills-west-1

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