Taxes - Dependents


I dont have an answer for you but I wanted to ask you about your separation since you live in NC. I too live in NC and am thinking about getting separated. What all was involved when you got separated? I know in NC you have to be separated for at least a year b4 the divorce is final.


There really wasn’t much to it. I got a lawyer who then drafted up separation papers stating the particulars of our agreement between my wife and I. We both went to a notary, signed them and it was done. We’re legally separated. As you stated, you must be living apart for one year in order to file for divorce. I went the legal separation way to protect myself financially for the most part. You can have anything you want stated in the seperation papers to my knowledge. As long as you both agree on the terms, there’s no problem. Your wife does not have to sign the papers. She’s in no way “obligated” in any way shape or form to sign them.

Dear jdrocks:

Greetings. First, I would tell you that this issue should have been dealt with in your separation agreement, so you may want to contact your attorney to see if that was taken care of.

If it was not taken care of, the rule is that you must have her consent to claim her and her son OR you must file jointly. I would suggest that you file jointly, especially if you will have to pay. This may obligate her to pay for half of the taxes due though, so you may want to amend your separation agreement to deal with this issue. Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
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 just obtained a legal seperation in North Carolina. My wife and I seperated in September of this year. Can I claim her and her son as dependents on my taves considering I supported them for three quarters of year?