Separate maintenance decree


#1

Dear philzone:

Greetings. This may be something from another state, but North Carolina does not order separate maintenance decrees. Where did you learn this term? Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#2

Greetings again,

The term “separate maintenance decree” is an IRS term regarding filing status. An individual is considered single at the end of the year if “legally separated from your spouse under a divorce or separate maintenance decree according to your state law”.

I am “legally separated” but I do not know what the term “separate maintenance decree” means.

I appreciate any information or ideas you may have.

Best regards.


#3

Dear philzone:

Greetings. Thank you…sometimes I answer these late at night when I should be sleeping. Okay, in the event that you are looking for a decree for the IRS, then I would tell you that you probably need a separation agreement. Usually the IRS wants some proof of the fact that you are separated, married, etc., and the only proof of separation is either a separation agreement or an order for divorce from bed and board.

I have had many clients that are only legally separated, waiting on the court to make an order on other issues, file “married filing separately” on their taxes. My suggestion when dealing with the IRS is always to talk to a CPA or tax attorney. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#4

Greetings,

What is meant by the term “separate maintenance decree” as it relates to the divorce process. I can’t seem to find a definition of the term anywhere.

Is it simply a separation agreement, or a document stating that the parties are legally separated?

Thank you once again for your assistance. Your web site contains many valuable tools, including this forum.

Best regards.