# Separation and Tax

**URL:** <https://forum.rosen.com/t/separation-and-tax/13618>\
**Category:** Divorce and Separation Answers\
**Created:** [March 14, 2012, 8:16pm UTC](https://forum.rosen.com/t/separation-and-tax/13618 "2012-03-14T20:16:37Z")\
**Posts on this page:** 2\
**Page:** 1

<div class="post-metadata">

**Author:** ![1558](https://avatars.discourse-cdn.com/v4/letter/1/5f8ce5/32.png) [@1558](https://forum.rosen.com/u/1558)\
**Post date:** [March 14, 2012, 8:16pm UTC](https://forum.rosen.com/t/separation-and-tax/13618/1 "2012-03-14T20:16:37Z")

</div>

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.

---

<div class="post-metadata">

**Author:** ![Ryan\_Short](https://avatars.discourse-cdn.com/v4/letter/r/34f0e0/32.png) [@Ryan\_Short](https://forum.rosen.com/u/Ryan_Short)\
**Post date:** [March 14, 2012, 9:34pm UTC](https://forum.rosen.com/t/separation-and-tax/13618/2 "2012-03-14T21:34:09Z")

</div>

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.