When you are going through a Virginia divorce, there are many issues to consider. Virginia child custody and spousal support are some of the big ones, but what about taxes? The tax implications of ending a marriage can be somewhat complicated and confusing. Working with a Virginia divorce attorney who is familiar with taxes after a Virginia divorce will help you make the best decisions possible. How to File Your Taxes After a Virginia Divorce
The first question most women have about filing taxes after a Virginia divorce is how to file. Jointly? Separately? The filing categories are:
married, filing jointly;
married, filing separately;
single; and
head of household.
Generally, your marital state on December 31 of the tax year determines your filing status. If you are still legally married on December 31, you should file your return as Married. Whether to file taxes after a Virginia divorce jointly or separately is a decision best made with the help of your attorney and tax advisor. The general rule of thumb is that filing jointly will be more beneficial financially. Keep in mind, though, that if you file jointly, you are liable for any mistake or misrepresentations made by your ex on the return. Therefore, if there is a great deal of animosity between you and your ex, it might be a better idea to file a separate return than to expose yourself to the risk of misrepresentation.
If you are legally separated or divorced on December 31, you can file as Single or Head of Household. A filing status of Single means that you are legally separated or divorced and you do not qualify for Head of Household status. Head of Household requires that all 3 of these qualifications are met:
unmarried or legally separated on the last day of the year;
a qualifying person (such as a child) must have lived in your home for more than half of the year; and
you must have paid more than half the cost of keeping your home for the year.
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