Separation and Tax


#1

My spouse and I have been separated for 17 months. As it relates to separation and divorce, if we file our taxes jointly, does that violate anything? I am aware that I can find as Head of Household but for financial reasons, it may help to file this time as joint, since we are still married. I just want to make sure that it isn’t an issue as it pertains to the divorce.


#2

Based on the facts you presented, and my reading of Treasury Regulation 1.7703-1, I’d say you can file jointly, but I am not a tax attorney, and you should consult with a tax professional to make sure.