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This time of year everyone is getting ready to file their taxes which is never a fun time for anyone.  If you are considering a divorce, you might be wondering whether starting the case before or after April 15 will have any impact on your tax filing status.  This blog is written to very broadly address the issue of how filing for divorce in Michigan might impact your tax filing status.  If you have specific questions regarding divorce or separation, please do not hesitate to contact us to schedule a consultation by clicking on this link or calling (248) 608-4123.

If I File For Divorce Before April 15, Do We File Joint Or Separate Tax Returns?

The answer is that typically you will continue to file joint tax returns until you are actually divorced in most cases.  This is because you are considered married until the actual divorce takes place when the judge signs the judgment of divorce.  Until that time you are considered married and eligible to file jointly.  Further, most courts require the parties to follow the financial "status quo" that was established during the marriage until you are actually divorced.  Most couples do file their taxes jointly during the marriage, so that means the financial status quo would require you to continue to file jointly until the judge grants the divorce.  The upshot is that in most cases the parties to the divorce will be required to file joint tax returns and equally share any returns or liability (taxes owed) roughly equally or the liability should be paid from joint marital funds.  If you are divorced before the end of any given year, you will file separate tax returns for that year even if you are divorced on December 31st of that year but until such time as you are actually divorced, you will most likely continue to file joint tax returns.

However, if there is a good reason for you to file separately (not just that it would be a financial advantage for you or your spouse to do so) then you could request that your spouse agree to file separate returns.  If the other side does not agree, then you would file a motion with the court and ask the judge to allow you to file a separate tax return.  In some cases, such as where the other spouse has committed some fraud that has come to light during the divorce and fling jointly might subject the innocent spouse to liability or potential criminal prosecution, then most likely the judge would grant the motion to file separate tax returns for the protection of the innocent spouse.  

Divorce is a very complicated and often counter-intuitive area of the law.  If you are considering a divorce or separation, you should schedule a consultation with a local knowledgeable family law attorney.  If you would like to schedule a consultation with us, please use this link or call us at (248) 608-4123.