Ask a Tax Pro: My Ex-Husband Left after 40 Years. Can He File a Joint Return without My Consent?

This question originally appeared in Quentin Fottrell’s column on MarketWatch. You can read the full story there. Ilena Banks, founder of The Tax Bakery, offered this response to help put the writer’s mind at ease. 

Dear ‘Discarded after 40 Years,’

I hate to hear anyone going through this. Relationships are hard, and ending it after 40 years is difficult enough without this added stress.

I’m a tax expert credentialed by the IRS, and this may help:

The IRS considers your marital status on Dec. 31st to be your marital status for the whole year. Since your divorce was finalized in November, you are single for 2020 filing purposes.

He CANNOT legally file a tax return with your information. Doing so would be fraud.

Is Your Divorce Settlement Taxable?

As for your settlement: In most cases, money received by an ex-spouse as a divorce settlement is *not* taxable to the recipient (you). Your ex also can’t deduct it from his income.

There are a few special circumstances where it can be taxable (additional asset transfer, etc). For more on that, reach out to a qualified Enrolled Agent (EA) or tax attorney to discuss your situation.

The short of it is this: No, he CAN’T file a joint return listing you as his wife without committing fraud. The IRS takes that very seriously.

Most likely, your settlement isn’t taxable, but touch base with a pro to discuss your specific situation.

Cut him out of your (financial) life as quickly as possible. This may be difficult now, but you’ll be so glad you did.

Wishing You the Best,

Lena
The Tax Bakery

Read the original story here.

At the Tax Bakery, you’ll find IRS-credentialed tax experts whose #1 goal is to make filing your taxes simple. Got tax questions? Feel free to reach out.

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