Legal Question in Tax Law in Massachusetts

Is there any way my soon-to-be ex-wife and I can file as single with the IRS for 2014?

We just had our divorce trial in front of the judge in Massachusetts on Friday (Sept 5th). I was expecting the 90 day waiting period I had read about, but it turns out there is also a 30 day court filing time, making the total 120 days, bringing the final divorce decree to January 3rd 2015, 3 days too late for IRS purposes.

We fall into the category of people who have a major and significant "marriage penalty" often discussed in IRS circles. Between the costs of maintaining separate households and the "marriage penalty" the result may wind up being financial ruin or bankruptcy for both of us if forced to file jointly or married filing separately.

Most people seem to want to do the opposite (continue filing jointly), so I have not found any guidance on this topic online.

I have read that the IRS will accept a "legal separation". Massachusetts does not have "legal separation", but does have "separation agreements" which were signed and filed with the court in January. Would the IRS accept this?


Asked on 9/08/14, 11:36 am

1 Answer from Attorneys

Have your attorneys request an earlier final divorce decree date.

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Answered on 9/08/14, 5:29 pm


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