If your divorce is not final by the end of the calendar year, you and your spouse can file still file taxes jointly. Joint returns tax a married couple as if each spouse had the same taxable income. Therefore, when filed jointly, there are usually substantial tax savings. Filing taxes after divorce can be complicated.

Do you have to file a joint tax return if you are divorced?

You’re not necessarily limited to filing a joint married or separate married return if the IRS says you’re still married, because you don’t have a final court order yet, nor must you absolutely file a single return if you’re technically divorced. You might qualify for another filing status: head of household .

What’s the standard deduction for filing taxes after a divorce?

The standard deduction is $18,650 for Head of Household compared to $12,400 for single filing status for tax year 2020. If you are entitled to claim your children on your tax return, but your ex threatens to claim them instead, file early in the year.

When do you have to file your divorce if you are still married?

Under IRS rules, you’re technically still married if your divorce is not yet final as of Dec. 31, even if you or your spouse filed for divorce during the year. Likewise, if the court issued your divorce decree on Dec. 31, you’re considered unmarried for the whole year and you must file your taxes as a single person.

Do you have to file your taxes jointly or separately during a divorce?

If you’re in the middle of your divorce, but still eligible to file your taxes jointly for a given year, you and your spouse must both agree to file taxes jointly. If either you or your spouse don’t wish to file a joint return, you’ll both need to file as “married filing separately.”.

What happens when you file a joint tax return with your spouse?

You become jointly and severally liable for all taxes due when you file a joint return with your spouse, even on income that they personally earned. So, for example, if you earned $20,000, and your spouse earned $80,000 (but didn’t pay taxes on that amount), the IRS can collect the taxes due from you.