# Divorce and Taxes



## MILProblems (Sep 11, 2019)

I'm in the middle of a divorce. He moved out in May 2020, we didn't speak until September 2020, then spoke until July 2021. We haven't interacted since then, even via email, and he has blocked me on social media, I suspect because he and one of my former friends (who also blocked me that same day) are dating. 

In 2021, we filed our taxes in the US as married, filing jointly, because for part of 2020, we paid bills together, lived together, etc. At that time, I was still living in our home, purchased in 2008, and subject to the homebuyers credit that was to be repaid over 15 years. 

I just discovered that, over the weekend, he logged into the tax software program I'd previously used to file our taxes, and started the process to file his taxes. Based on what is listed, he owes a substantial amount in taxes, even before factoring the homebuyers credit repayment, He had it set up to file as married filing jointly, even though I've already filed, and filed as "married filing separately," since we are technically still married. 

I'm guessing he hoped he would file as "married filing jointly," so the IRS would consider me as jointly responsible for his tax burden. Is there a way to protect myself? I've reached out to my lawyer to ask for guidance and ask for them to remind his lawyer that he should file separately, but I've not received a response yet. Any suggestions on what to do?


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## thunderchad (12 mo ago)

If you filed first married filing separately, then IRS will kick back his married filing jointly return.


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## thunderchad (12 mo ago)

MILProblems said:


> I'm guessing he hoped he would file as "married filing jointly," so the IRS would consider me as jointly responsible for his tax burden


Also, no matter which way he files you are still jointly responsible for his tax debt incurred while you guys are married.


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## MILProblems (Sep 11, 2019)

thunderchad said:


> Also, no matter which way he files you are still jointly responsible for his tax debt incurred while you guys are married.


Even though we've been legally separated for all of 2021 and I filed as married, filing separately? We've had separate finances since 2020.


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## lifeistooshort (Mar 17, 2013)

You can try to use the innocent spouse rule if you can show you're legally separated. This might protect you from whatever taxes he ran up during your separation.


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## thunderchad (12 mo ago)

MILProblems said:


> Even though we've been legally separated for all of 2021 and I filed as married, filing separately? We've had separate finances since 2020.


For the most part, yes. As lifeistooshort mentioned, you can apply for innocent spouse relief but there are no guarantees. The IRS rarely does anything that's not in their interest.


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## MILProblems (Sep 11, 2019)

My next question, how does he file jointly without having access to my W-2, since I work as well?


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## thunderchad (12 mo ago)

MILProblems said:


> My next question, how does he file jointly without having access to my W-2, since I work as well?


Some tax programs get them automatically. Or he could look at your last pay stub.


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## MILProblems (Sep 11, 2019)

thunderchad said:


> Some tax programs get them automatically. Or he could look at your last pay stub.


He wouldn't have access to my last paystub, and AFAIK, my employer does not participate in any sharing of data with tax programs.


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## Anastasia6 (May 28, 2017)

MILProblems said:


> He wouldn't have access to my last paystub, and AFAIK, my employer does not participate in any sharing of data with tax programs.


So why haven't the two of you just divorced already?

And I'm afraid this is a lawyer question and a tax question. While people may even be able to give you tax advice much of the separation is usually covered by separation agreements or divorce decrees.


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## MILProblems (Sep 11, 2019)

Anastasia6 said:


> So why haven't the two of you just divorced already?
> 
> And I'm afraid this is a lawyer question and a tax question. While people may even be able to give you tax advice much of the separation is usually covered by separation agreements or divorce decrees.


We are still arguing over division of assets. He has been less than forthcoming with documentation for various assets.


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## DownByTheRiver (Jul 2, 2020)

MILProblems said:


> I'm in the middle of a divorce. He moved out in May 2020, we didn't speak until September 2020, then spoke until July 2021. We haven't interacted since then, even via email, and he has blocked me on social media, I suspect because he and one of my former friends (who also blocked me that same day) are dating.
> 
> In 2021, we filed our taxes in the US as married, filing jointly, because for part of 2020, we paid bills together, lived together, etc. At that time, I was still living in our home, purchased in 2008, and subject to the homebuyers credit that was to be repaid over 15 years.
> 
> ...


I can only tell you this. I have been told that to file separately while you are separated when you had previously been filing jointly, you will need to know the tax amounts from before. It's going to be a problem if you are no longer privy or able to get your hands on it. I would suggest you call the IRS and ask them if there's some other way to get your amount that you need to put on this form you will need when you're switching to filing separately, because it seems like they should have to provide it to you.


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## MILProblems (Sep 11, 2019)

DownByTheRiver said:


> I can only tell you this. I have been told that to file separately while you are separated when you had previously been filing jointly, you will need to know the tax amounts from before. It's going to be a problem if you are no longer privy or able to get your hands on it. I would suggest you call the IRS and ask them if there's some other way to get your amount that you need to put on this form you will need when you're switching to filing separately, because it seems like they should have to provide it to you.


Thanks. I have last year's AGI, which is what they needed in order to "verify" my identity.


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## Diana7 (Apr 19, 2016)

Have you told him you have done your already?


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## MILProblems (Sep 11, 2019)

Diana7 said:


> Have you told him you have done your already?


I do not communicate with him in any way. I did tell my lawyer to remind him we are filing separately this year.


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## Diana7 (Apr 19, 2016)

MILProblems said:


> I do not communicate with him in any way. I did tell my lawyer to remind him we are filing separately this year.


Hopefully he has told him then.


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## hamadryad (Aug 30, 2020)

Probably a poor question for a forum like this unless you just want to vent. Seek the advice of a qualified CPA and make sure he is on the same page with your attorney.


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