Filing 2004 Taxes


I have been separated since December of 2002. For tax years leading up to and including 2002 we filed joint returns. Should I file separately for 2003 and 2004? And do I have to share any refunds? I have not yet filed divorce papers. She does not work and her only income is from the child support that I pay to her.


Dear SilverLining and Pookie:

Greetings. Please consult a tax attorney or CPA for questions dealing with taxes. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


I can file for absolute divorce in September. Are there tax reasons why I should wait until January to file Married Filing Joint or Married Filing Separate? Is it better to divorce in 2004 and file Head of Household?

I paid all mortgage payments since October 2003. He was on disability for half of 2004. Any advice is appreciated.