Comments on: Ask the taxgirl: Common Law Marriage Accepted by IRS?

By: Hal

Hal — Sat, 02 May 2009 18:27:49 +0000

Florida also recognizes common-law marriage before a date certain. See Florida Statutes 741.211.

741.211 Common-law marriages void.–No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section shall affect any marriage which, though otherwise defective, was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter.

By: Kelly

Kelly — Tue, 07 Apr 2009 23:42:43 +0000

It really depends on the laws of your state. If you are considered legally separated in your state of residence, then you could file as single. But simply living apart doesn’t qualify in many states – like my own state of Pennsylvania! Ask a family lawyer to confirm your status.

By: Mary

Mary — Tue, 07 Apr 2009 23:35:27 +0000

I am married, but living separately from my spouse. I have been filing as single, as I understand that is legal under these conditions. Can you please verify? Thank you.

By: Bruce G

Bruce G — Sun, 23 Nov 2008 14:16:48 +0000

Out here in California – where common law marraige is not recognized – we have another twist – Registered Domestic Partners. These couples are required to file Married Jointly or Married Separately in California, but their status is not recognized by the IRS, so they are required to file as Single for Federal purposes. This has created some interesting tax outcomes.

By: Bruce

Bruce — Sun, 23 Nov 2008 13:28:29 +0000

Oh my, the fun we have with something so simple as filing status.

By: Doug Miller

Doug Miller — Sat, 22 Nov 2008 11:44:27 +0000

The IRS does require the taxpayer to obtain a decree of divource to allow a change in filing status from MFJ to Single. HH status may be used if specific qualifications are met, including that the partner has not lived with the taxpayer for the last six months of the tax year. There are also specific conditions concerning the dependent(s) and the residence that have to met as well.

By: Jim Howard

Jim Howard — Fri, 21 Nov 2008 17:04:52 +0000

Here in Texas it’s pretty common for folks to want to file MFJ as common law spouses, and then latter want to split up and go back to filing single.

It’s my understanding that tax preparers can marry two people in the eyes of the IRS by filing them MFJ, but then the IRS will expect them to get a ‘real’ divorce before they can go back to filing as single individuals.

By: Giovanna Garcia

Giovanna Garcia — Fri, 21 Nov 2008 16:30:02 +0000

This is a great blog! It is like Dear Abby, but for Tax stuff. I am glad I found this blog.

Thank You,
Giovanna Garcia

By: Rick

Rick — Thu, 20 Nov 2008 21:48:45 +0000

Of course this is not necessarily a bad thing. If you both make a lot of money you may pay less as single or at least no more. If you have a child you will pay way less. If one of you did not work or made less than the exemption amount the person with the small or no income may be the dependent of the other. Frankly from a tax standpoint (and only from a tax standpoint) had my wife and I never married but simply lived together we’d paid way less in tax over the years. Although recent changes have done away with most of the marriage penalty. It might be fun (yes, taxes are fun) to amend that 2006 return and see what, if any, the diference is.