Our draft SA reads that I will claim the interest deduction for the 2009 tax year since I am paying the mortgage and reside in the marital home (’…wife shall be allowed to claim the mortgage interest deduction for the marital residence for 2009 and each year thereafter." We separated in March 2009. My stbx maintains that since we were not separated for the entire year, that he is entitled to interest deduction prior to the date of separation. Is his viewpoint accurate?
Related to this, does it really even matter? Since we were legally married for all of 2009, should we not just file our taxes and split the amount owed or refunded 50/50?