Will filing taxes jointly affect "separate and apart"?

North Carolina Divorce Law Divorce and Separation Answers
1

Hi–

My wife and I have been living completely separate and apart since March of 2010; we are planning to file for an absolute divorce later this month. If we filed our taxes “married filing jointly” for the 2010 tax year, would that have any effect, all else being equal, on our timeline of living “separate and apart”?

Thank you!

2

No, you can filed married so long as you are actually legally married, which you were for the entire 2010 year.

3

Thank you!

4

You are most welcome.