Question

Filing status issue with the ex-spouse

Forum|Forum|1 year ago
March 9, 2025
1 reply
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Hi, I got married the middle of last year (2024). Unfortunately, the marriage did not work out, and I filed for divorce in December of 2024. The divorce was not finalized until February of 2025. I am almost certain my ex-spouse filed as married filing separately (MFS) and itemized which means I must do the same and itemize. I do not have any deductions other than maybe sales tax. She will not cooperate with me to tell me how she filed (MFS itemized of MFS standard deduction), and she will definitely not file as married filing jointly (MFJ). I decided to go ahead and file as MFS standard deduction hoping there was a slim chance she filed MFS standard deduction or head of household (which I don't think she would qualify as). The IRS accepted my return last night. I noticed when I filed MFS standard deduction I got a $9 refund, but when I did MFS itemized then I owed a whopping $3390. Would the IRS reject my return immediately when I filed it as MFS standard deduction, or should I expect a letter in the middle of Summer stating I owe $3390 plus penalties and interest? Does it matter who files first? Does that set your filing status for both people if you file first? This seems like such a ripoff as I felt like I was penalized for marrying her, and she ran off with a huge refund. I am probably going to get a letter and have to file an amended return and include sales tax deductions to try to lower the amount I will have due. Aggravating. Thanks.

Not A Product Question

JohnB5677

You are correct. If your former spouse filed with Itemized deductions, you would have to also.

If you did file first,
- your return would go through, but
- you would both get a notice when she filled itemized.
- You would then both have to submit justification to the IRS.
When couples file Married Filling Separately, they often spilt or share expenses
While you were married, did you contribute to the finances?
You may be able to justify a percentage of the itemized deduction.

Please see Married Filing Separately

Edited 03/10/2025 | 7:17 AM PST

@YardBarker

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Y

YardBarkerAuthor

Hi, thank you very much for your reply. Yes, I did contribute significantly to the mortgage payment as well as numerous household goods and paid for repairs on the home. I estimate I was paying about 60-70% of everything from March to October when I moved out. I believe I have receipts of most of everything I did, and I have the bank statements to prove it too.

I filed last night and the return was accepted by the IRS, so I am thinking I did file first.

KrisD15

You say the divorce was finalized in February, so it may be too late, but usually that is stipulated in the divorce agreement (how they will file for the year they were married).

You might ask the attorney that handled the divorce proceedings if that was addressed.

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