STBX moved out in October 2010. It certainly would be in both of our best interests financially to file our income taxes “married,filing jointly” as we will both likely end up paying if we file “married, filing separately”. We loose deductions if we file the latter. My concern, however, I have strong reason to suspect that he has been extremely dishonest about how much money he made in 2010 from self-employment (stating a lot less than he actually made). So, if I file joinly with him, I fear that somehow signing income tax papers is my agreeing that his info is truthful and will later come back to haunt me with divorce proceedings. I only consider filing jointly because the last thing I can afford is to be stuck with a substanital amount to pay back for income tax purposes. A CPA co-worker of mine mentioned being aware of an “injuried or innocent spouse” filing that I could do with the taxes that might be able to protect me if I filed with him, and he misrepresents his earnings. But, is there anything that would protect me should I file with him in regard to future filings for separation and divorce?
If you file jointly with him without full knowledge of what he has reported and what he has not, you could be liable become liable for half of any future tax debt. I am not a tax expert, and would suggest you speak further with your CPA.