Taxes


#1

If you have not been granted absolute divorce as of Dec. 31st, 2007 then you must file married - separate. NC has no “legal separation” filing status because the only requirements for divorce is the one year one day separation. You were considered separate the day you began living apart from each other with the intention of divorce.

If Turbo Tax has a category specified as “legally separated” then you should contact them. If you are divorced, you would file either single or head of household, but not married so I do not understand how Turbo Tax could treat a filing status “legally separated” as being divorced.


#2

While NC may not have a legal seperation status if you are living seperate and meeting the requirements for your 1 year seperation you are seperated. See the irs excerpt below.

Topic 353 - What is Your Filing Status?

Generally, your marital status on the last day of the year determines your status for the entire year.

If you are unmarried, or if you are legally separated from your spouse under a divorce or separate maintenance decree according to your state law, and you do not qualify for another filing status, your filing status is single.

Generally, to qualify for head of household status, you must be unmarried and you must have paid more than half the cost of maintaining as your home a household that was the main home for a qualifying person for more than half the year. You may also qualify for head of household status if you, though married, file a separate return, your spouse was not a member of your household during the last six months of the tax year, and you provided more than half the cost of maintaining as your home a household that was the main home for more than one half of your tax year of a qualifying person.

If you are married, you and your spouse may file a joint return or separate returns. If your spouse died and you did not remarry in the year that your spouse died, you may still file a joint return for that year. This is the last year for which you may file a joint return with that spouse.

You may be able to file as a qualifying widow or widower for the two years following the year your spouse died. To do this, you must meet all four of the following tests:

You were entitled to file a joint return with your spouse for the year he or she died. It does not matter whether you actually filed a joint return,
You did not remarry in the two years following the year your spouse died,
You have a child, stepchild, or adopted child (a foster child does not meet this requirement) for whom you can claim a dependency exemption, and
You paid more than half the cost of maintaining a household that was the main home for you and that child, for the whole year.

After the two years following the year in which your spouse died, you may qualify for head of household status.

More detailed information on each filing status can be found in Publication 501, Exemptions, Standard Deduction, and Filing Information.


#3
quote:
[i]Originally posted by mbsnc[/i] [br]While NC may not have a legal seperation status if you are living seperate and meeting the requirements for your 1 year seperation you are seperated. See the irs excerpt below.

Topic 353 - What is Your Filing Status?

Generally, your marital status on the last day of the year determines your status for the entire year.

If you are unmarried, or if you are legally separated from your spouse under a divorce or separate maintenance decree according to your state law, and you do not qualify for another filing status, your filing status is single.


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Yes, you are separated but you are still legally married. As of December 31st, 2007, the last day of the year you were not “legally separated from your spouse under a divorce or separate maintenance decree according to your state law.” Legally on Dec. 31st, 2007 you were still married, you had only been separated 6 months so the year requirement had not yet been met. NC does not recognize “legal separation” so since you are using state law for your filing status it would have to be either married jointly/separately, single, or head of household.
Now, if you file for and are granted absolute divorce prior to June 2008, which would be 1/2 the year, then you are able to file either single or head of household for next year’s filing of 2008 taxes.


#4

Unless you have been granted an absolute divorce you may only file as married filing jointly, married filing separate or head of household. Your filing status depends on the specific facts of your case.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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#5

IRS says it is up to the State to determine what 'Legal Separation" is. My spouse and I signed a separation agreement last summer and filed the notice of aggrement with the county at the same time. We will fulfill our 1 yr + 1 day reqt in early May 2008. Am I entitled to file as “legally separated” (a category Turbo Tax treats as 'divorced") or do I have to file as married (either jointly or separately).