I am totally confused as to how we should file our taxes. By December 31st 2009 my husband and I had paperwork in the court in California that specifically states we are separated, a division of property and finances and an order for him to pay alimony. We have never lived together as the marriage failed on the honeymoon in 2008.
I have always lived in Colorado and have paid my own expenses entirely, including mortage and tuition.
I want to file single, but am not sure If we can.
Filing status is determined by state law as of the last day of the tax year (December 31 for most taxpayers). I’m not sure what the rules are in California but if your state allows for a legal separation (and it sounds like it does from your comment about paperwork from court), and you are classified as legally separated, then you may file as single. If, however, your state does not offer legal separation, then you cannot file as single. You may only file as single if you are unmarried, divorce or legally separated.
Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.
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