Divorce decree vs. tax law


Since you were married for all of 2008 (though living separate and apart) you can file jointly according the provisions in the agreement, and you are within the parameters of tax law.

Erin E. Clarey
Attorney with Rosen Law Firm

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A simple question, I hope. I was divorced in Dec 2008. However, my separation agreement which preceded my divorce stated we would file jointly for the 2008 tax year. Does a separation agreement/divorce decree trump tax law or do I indeed have to file single? Thank you.


i was not married for ALL of 2008. I was divorced on Dec 27, 2008. Can I still file jointly since we were married for 362 days of the year?


My understanding is that you can but I would advise you to consult with a tax attorney.