# Tax filing status **URL:** \ **Category:** Factual Questions\ **Created:** [February 10, 2009, 8:22pm UTC](https://boards.straightdope.com/t/tax-filing-status/485269 "2009-02-10T20:22:08Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![Typo\_Negative](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/typo_negative/32/484_2.png) [@Typo\_Negative](https://boards.straightdope.com/u/Typo_Negative)\ **Post date:** [February 10, 2009, 8:22pm UTC](https://boards.straightdope.com/t/tax-filing-status/485269/1 "2009-02-10T20:22:08Z")
Question about which status to use. I live in California. My soon to be ex-wife have lived apart since July 2007. We files married jointly for 2007. She filed for divorce in 2008. I will be official on March 31 2009. The divorce was the only legal action filed. Nothing is being contested. There are no property issues of any kind. Question. Do I file as legally separated (not sure what the meaning of this really is), divorced, or married filing separately? ---
**Author:** ![Seeker\_of\_Truth\_and\_Beauty](https://avatars.discourse-cdn.com/v4/letter/s/f14d63/32.png) [@Seeker\_of\_Truth\_and\_Beauty](https://boards.straightdope.com/u/Seeker_of_Truth_and_Beauty)\ **Post date:** [February 10, 2009, 8:29pm UTC](https://boards.straightdope.com/t/tax-filing-status/485269/2 "2009-02-10T20:29:35Z")
Depending on your wife and her level of cooperation, you can file Married Filing Jointly, or Married Filing Separate. Those are your only two options. You were legally married as of December 31, 2008, so you must file as married. **ETA:** You don’t mention kids. If there are kids involved, it gets more complicated. ---
**Author:** ![KneadToKnow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kneadtoknow/32/3999_2.png) [@KneadToKnow](https://boards.straightdope.com/u/KneadToKnow)\ **Post date:** [February 10, 2009, 8:36pm UTC](https://boards.straightdope.com/t/tax-filing-status/485269/3 "2009-02-10T20:36:38Z")
> [@IRS](#): > > Everyone who files a federal tax return must determine which filing status applies to them. It’s important you choose your correct filing status as it determines your standard deduction, the amount of tax you owe and ultimately, any refund owed to you. > > There are two things to consider when determining your filing status: > First, your marital status on the last day of the year determines your filing status for the entire year. Secondly, if more than one filing status applies to you, choose the one that gives you the lowest tax obligation. > > Here are the five filing status options: > > 1. Single. This will generally apply to anyone who is unmarried, divorced or legally separated according to your state law. > > 2. Married Filing Jointly. A married couple may file a joint return together. If your spouse died during the year, you may still file a joint return with that spouse for the year of death. > > 3. Married Filing Separately. A married couple may elect to file their returns separately. > > 4. Head of Household. This generally applies to taxpayers who are unmarried. You must also have paid more than half the cost of maintaining a home for you and a qualifying person to qualify for this filing status. > > 5. Qualifying Widow(er) with Dependent Child. You may be able to choose this filing status if your spouse died during 2006 or 2007, you have a dependent child and you meet certain other conditions. > > There’s much more information about determining your filing status in Publication 501, Exemptions, Standard Deduction, and Filing Information. Publication 501 is available on the IRS Web site at [IRS.gov](http://IRS.gov) or by calling 800-TAX-FORM (800-829-3676). [Cite](http://www.irs.gov/newsroom/article/0,,id=105098,00.html) ---
**Author:** ![gurujulp](https://avatars.discourse-cdn.com/v4/letter/g/ba9def/32.png) [@gurujulp](https://boards.straightdope.com/u/gurujulp)\ **Post date:** [February 10, 2009, 8:49pm UTC](https://boards.straightdope.com/t/tax-filing-status/485269/4 "2009-02-10T20:49:58Z")
Per turbotax, if you did not live with them or support them for a single day of the year, then you may file single head of household if you have a child and that child lives with you. As I understand it, and IANAL, the date of separation on the divorce filing (section 2, statistics) is considered the legal separation date, so you can file as single, legally separated. I have also not finished the process. ---
**Author:** ![gurujulp](https://avatars.discourse-cdn.com/v4/letter/g/ba9def/32.png) [@gurujulp](https://boards.straightdope.com/u/gurujulp)\ **Post date:** [February 10, 2009, 8:57pm UTC](https://boards.straightdope.com/t/tax-filing-status/485269/5 "2009-02-10T20:57:46Z")
From TurboTax- missed the edit window > [@](#): > > Couples who are splitting up but not yet divorced before the end of the year still have the option of filing a joint return. It’s when your divorce decree becomes final that you lose the joint return option. Your marital status as of December 31 controls your filing status. > > If you can’t file a joint return for the year, you can file as a head of household after your divorce (and get the benefit of a bigger standard deduction and gentler tax brackets), if you had a dependent living with you for more than half the year, and you paid for more than half of the upkeep for your home.