How to File State Taxes When Recently Divorced

Divorce is never an easy time for anyone, and having the burden of filing your first tax return after a divorce makes it even worse. Unfortunately one person you can't divorce yourself from is Uncle Sam. Here are some tips on how to file taxes after a recent divorce.

Difficulty:

Moderate

Instructions

1. Notify the Social Security Administration as soon as possible if there is a name change. This will help avoid any confusion of a different name associated with your social security number when you file your taxes after the divorce.

2. Ask your tax accountant to prepare two separate scenarios for your taxes. One filing married and the other as separate filings. This will show which situation has the most advantage for all parties involved.

3. Know that in order to file a married or joint tax return, the marriage cannot be dissolved before December 31 of the year you are filing for. This means that even if the divorce was final on December 30, you cannot file your taxes as a married couple for that year. If you qualify for the married status but were legally separated on or before July 1st of that year, you must file as "Married Filing Separately."

4. Understand that filing separately allows the parties to change the return to a joint return within three years, but the reverse is not true. Joint returns cannot be separated. Separate returns also mean that each party is liable only for themselves and not the other person when they file taxes after the divorce.

5. Come to an agreement with your former spouse on how to file your taxes after the divorce and get it in writing. Especially if a joint return is filed and an expected refund is to be distributed in a certain way, it is best to have a written agreement in place to ensure follow through by both parties when you file taxes after the divorce.