How to Claim State Income Tax When Divorced
Many states require you file yearly income tax on top of your federal income tax obligation. When you are going through a divorce, how you file can be very confusing. While how you file is fairly straightforward once your divorce is final, when you are in the midst of a divorce you must work with your estranged spouse to decide which filing type is best for your situation. If you and your estranged spouse are not on speaking terms, you should consult your attorney to help facilitate the process.
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Instructions
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File as single if your divorce was final before Dec. 31 of the previous tax year. You may also want to file as head of household if you have custody of children as a result of the divorce. How you file after the divorce is final is up to you and your individual situation.
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Speak with your estranged spouse about filing jointly if you would expect a refund due to your state's credits allocated to families. You will want to discuss how to divide the refund depending on who has the largest responsibility in supporting the children during the divorce proceedings. Filing as married filing jointly provides many benefits on the federal level, so many divorcing couples will file this way until the year the divorce is final. Some states also have credits available to those who file under this status.
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File as married filing separately if you cannot come to an agreement with your estranged spouse or if there are no minor children who would affect your income taxes. This is also how you would file if you are unable to contact your estranged spouse.
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Tips & Warnings
Contact your tax professional to help determine which filing type is in your best interest.
Your state may dictate how you must file, so it is imperative to contact both your tax professional and lawyer before beginning the filing process.
