# One week marriage... Is this a tax loophole? **URL:** \ **Category:** Factual Questions\ **Created:** [May 4, 2005, 2:55pm UTC](https://boards.straightdope.com/t/one-week-marriage-is-this-a-tax-loophole/302376 "2005-05-04T14:55:25Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![The\_Controvert](https://avatars.discourse-cdn.com/v4/letter/t/dec6dc/32.png) [@The\_Controvert](https://boards.straightdope.com/u/The_Controvert)\ **Post date:** [May 4, 2005, 2:55pm UTC](https://boards.straightdope.com/t/one-week-marriage-is-this-a-tax-loophole/302376/1 "2005-05-04T14:55:25Z")
Ok, a friend of mine got married recently and his wife left him a week later. He is a US citizen, but she is not (although she does have a Social Sec. Number from when she was a college student). He will be filing a Petition for Divorce soon. My friend is considering how he will file next year’s taxes. Can a one-week marriage count as “Married” status and allow him to claim her as an exemption for an entire year? She will probably be overseas next year and not file US taxes. This seems like a tax loophole to me… people could get the marriage deductions without actually being married (since 1 week is too short for most of the marriage downsides, like property and children issues). Assuming the cost of marriage + divorce is less than the tax benefit, of course. ---
**Author:** ![TJVM](https://avatars.discourse-cdn.com/v4/letter/t/b38774/32.png) [@TJVM](https://boards.straightdope.com/u/TJVM)\ **Post date:** [May 4, 2005, 3:22pm UTC](https://boards.straightdope.com/t/one-week-marriage-is-this-a-tax-loophole/302376/2 "2005-05-04T15:22:36Z")
With regard to his filing status and exemptions, your friend may find some help [here](http://www.irs.gov/publications/p504/index.html). As for the loophole idea, I suspect that there’s a IRS rule somewhere that addresses that, but I’m not motivated enough right now to look for it. \*Disclaimer: I’m not your lawyer (or your friend’s lawyer), and this post is not legal advice. If you need help with a legal problem, you should consult an attorney in your jurisdiction. \* ---
**Author:** ![kanicbird](https://avatars.discourse-cdn.com/v4/letter/k/5f8ce5/32.png) [@kanicbird](https://boards.straightdope.com/u/kanicbird)\ **Post date:** [May 4, 2005, 3:51pm UTC](https://boards.straightdope.com/t/one-week-marriage-is-this-a-tax-loophole/302376/3 "2005-05-04T15:51:49Z")
AFAIK it is your status at the end of the year (New Years Eve 11:59:59 PM) ---
**Author:** ![The\_Controvert](https://avatars.discourse-cdn.com/v4/letter/t/dec6dc/32.png) [@The\_Controvert](https://boards.straightdope.com/u/The_Controvert)\ **Post date:** [May 4, 2005, 3:56pm UTC](https://boards.straightdope.com/t/one-week-marriage-is-this-a-tax-loophole/302376/4 "2005-05-04T15:56:08Z")
Hey thanks… that was quick and informative. ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [May 4, 2005, 4:16pm UTC](https://boards.straightdope.com/t/one-week-marriage-is-this-a-tax-loophole/302376/5 "2005-05-04T16:16:31Z")
There may also be a problem with a dependent being both a non-citizen and residing outside the US. I have that problem with my youngest son: although he is dependent on my wife and me (who are both resident in the US, and filing jointly), he is not a US citizen and lives in Australia. So your friend may need to check the implications of residence and citizenship, as well as the length of the marriage. (Yes, it’s possible for married couples to reside in different countries. My wife and I have managed to do that one.)