Filing Married vs. Separate Tax dilemna

jeff.wilson1.cpa • March 3, 2023

January 22nd, 2023 marks the start of tax season and also the start of "divorce season." For those considering divorce, it is important to understand the implications it may have on tax filings. One decision that must be made is whether to file "Married Filing Jointly" or "Married Filing Separately."


Filing "Married Filing Separately" may seem like a cleaner break financially, but it comes with drawbacks. One disadvantage is the loss of deductions. When filing separately, there are several deductions that can only be taken as an individual once legally divorced. For example, the earned income credit and child and dependent care credit cannot be taken. Additionally, the standard deduction is also affected. The IRS requires the same deduction methodology, whether itemized or standard, to be taken on both spouses' tax returns. This can be disadvantageous for the spouse who does not pay the mortgage or has a lower wage.


On the other hand, there are also advantages to filing "Married Filing Separately." One advantage is that you will not be held liable for taxes that your spouse owes during the current year. Additionally, your tax refund would not be garnished if your spouse owed back taxes, child support, or unpaid federal debt. Additionally, it allows for the suspension of passive activity losses related to real estate. Furthermore, if the spouses decide to reconcile, they have up to three years to refile their tax returns as "Married Filing Jointly."

In conclusion, filing "Married Filing Separately" may be a cleaner break financially, but it does come with drawbacks. Both spouses should be aware of the potential disadvantages and advantages before making a decision


W2 Group - Accounting Firm

By jeff.wilson1.cpa July 18, 2023
Most would argue that you can’t put a price on certain things. For example, family or health could be considered priceless things. However, some situations will challenge you with the question how much is this priceless item worth to you? Before moving out and separating from my Ex-husband, we had two loving dogs, a reptile, and a cat living in our home. I left with the cat, the reptile, and one of the dogs. Some may say I was fortunate to take as many animals as I did, and it was more than fair for my Ex to keep one of the dogs. Perhaps this may be true as a business transaction, but emotionally I was torn and felt it was unfair. When it came time to file for divorce, the question presented itself, how much did I love the dog I left behind? How much will I spend on lawyer fees to get the dog back? The short answer to both questions a lot! I knew deep down the dog would receive better care from me. I cared for the animals as if they were my kids, raising them all from their baby stage. I worked from home, so I and the dogs spent a lot of time together in my home office (especially during the potty-training phase). I discussed with my lawyer all the potential outcomes for her return or not, how long it could take, and how the courts treat these circumstances on average. Thus, I took my chances and filed my divorce for the dog to return to me and left it to the universe to decide the outcome. However, like other marital property the decision for who keeps the dog, and other property is at the discretion of the judge. The contention I had to keep the dog was the current living circumstances for us. I primarily sustained the household and maintained a stable job, as he was mostly unemployed during our marriage. I was prepared to show in court proof of all the expenses paid and the care for them was predominantly from me. From pet store expenses with toys, food, and training, to vet expenses all paid by me with a copy of the bills. I was prepared to go as far as to ask former associates I met frequently at the dog park to give statements on my behalf of the level of care I gave the dogs. I spent a total of $3,368 in lawyer fees for my dog to return home to me and her other furry family. Others are not as fortunate to afford that expense for one item in a divorce settlement, so you must ask yourself, how much can you afford to spend on it? Be honest with yourself about what you can afford because people make the mistake of exhausting their finances to fight their spouse in a divorce since it’s available to use now. For example, using a credit card to pay for their legal fees, which in the long term becomes more expensive from the applied interest rate over time. Perhaps the use of the credit card could be better spent on bills if the estranged spouse doesn’t work and is a homemaker. An individual should consider the long-term impact of their money spent now in divorce versus money they know needs to be spent later. The cost of want in a divorce should not jeopardize their sustainability for future expenses. It is always recommended to discuss the best financial option with a divorce financial expert and divorce attorney to understand the long-term impact of their finances.
By jeff.wilson1.cpa July 6, 2023
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