How Do We File for Taxes if We’re Separated but Still Married?

So, you’re taking a break from each other. In other words, you’re separated from your spouse.

Then April rolls around and (if you’re anything like me) you start thinking about filing taxes for the first time. And then the question comes: how do we file for taxes if we’re not living together?

Great question. You have a couple options.

Options

First, you can file “married filing jointly.” This is what the vast majority of married couples do because it usually minimizes taxes and maximizes any returns you’ll receive.

Second, you can file “married filing separately.” This is the least popular option because you usually don’t get the same tax breaks as married filing jointly.

But, there are exceptions to this rule. Sometimes, one spouse runs up a huge tax debt during the year (for example, he takes too many deductions and has to pay the tax piper), and filing jointly will make the other spouse responsible for that payment.

Rule of Thumb

If there is a general rule-of-thumb of filing when separated, it’s this: file jointly.

CPAs

That said, what you really should do is take your taxes to a CPA (accountant) and let the CPA tell you what your best options are. A good CPA will let you know what your taxes will look like under a number of scenarios. It will cost you some money, but it’s better to spend money on an expert than to make the wrong tax choice.

And Don’t Forget

If you get a tax return, don’t forget to have it split between the two of you. I can’t tell you how many times someone told me they prepared taxes while separated and the other spouse kept the entire return. If that happens, you usually won’t see that money again.

Make sure any return is split between the two of you (i.e., two checks are cut and sent to each of you separately), or that the return is placed in a joint account. When the return hits the joint account, take half (unless you’ve agreed otherwise). You’ll never get in trouble for taking half of marital money.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 929 reviews
Anne and Josh are Fantastic!!
I couldn’t have done it without Nathaniel Garrabrandt and the Brown Family Law truly the best experience and people to work with thank you!!
Brown Family Law is likely the most outstanding Family Law office in Utah. They care deeply about each client, responds quickly to every client question and concerns. If anyone is in a situation of divorce and/or child custody, I highly recommend this office to assist you with your rights. They stand firmly behind their clients.
Response from the owner:Thank you, Craig.
I can’t say enough good things about Clay Randle and Katrina Redd. They were both incredibly professional, responsive, and knowledgeable throughout my case. Their experience and advice were invaluable, and I truly appreciated their support every step of the way.
Daniel was patient, efficient, professional, and kind. Brown Family Law was easy to work with and very competent. Highly recommend.
Muchas gracias, professionales. Me ayudaron con mi caso, gracias.
Leilani Whitmer was my attorney for mediation day at the provo 4th district court on May 9th and absolutely knocked it out of the park. She made the process so smooth and easy I'd recommend her for any family law issue you could possibly fathom.
Clay Randle is absolutely amazing, well educated, knowledgeable lawyer. He’s approached, always makes sure you’re on the top of the situation and very helpful. I’ve had a pleasure working with him and I recommend him as your top notch attorney.
Brown Family Law has been wonderful to work with! Extremely knowledgeable and professional. Clay went the extra effort in everything he did for us. Couldn’t be more pleased!! I highly recommend their services.
Marco is beyond insightful!
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories