Legal Question in Family Law in Massachusetts

Remarriage question

I'm divorce with 2 kids, and my fianced is also divorced with 2 kids. For a variety of reasons we may be living in 2 separate houses in the same town for a few years after we get married. Of course, we'll have a lot of back and fourth between houses.

My questions are:

1. Can we file a joint tax return?

2. Would we be able to deduct the mortgage interest and taxes on both homes?

3. Can I put her and her children on my health care benefits?

Any other issues?


Asked on 10/21/08, 11:47 am

2 Answers from Attorneys

Re: Remarriage question

If you remarry you can file a joint tax return. You and she can deduct her children on your taxes as provided under her separation agreement. If her spouse and she have an agreement that she takes one year and he takes the next, then you and she take them one year and her ex takes them the next.

If it says he gets the deduction, then he gets the deduction. You can take the interest and tax deductions on the homes, but check the limitations for a second home. If this is the result of you needing to sell one home but are waiting for the mkt to turn that is ok as well.

If you have questions, I would see a CPA on the tax issues.

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Answered on 10/21/08, 1:25 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Remarriage question

1. yes

2. yes

3. depends on your insurer.

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Answered on 10/21/08, 9:09 pm


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