Legal Question in Family Law in Massachusetts

Hello,

There is no "legal separation" in Massachusetts. I assume that you are living apart and that maybe someone filed a complaint for separate support, however that is not considered a legal separation. When you filed your taxes, you may have filed as a married person filing separately, this has nothing to do with a separation in a marriage, but rather how you and your spouse file your yearly taxes.

If both yourself and your wife filed your taxes separately with each of you claiming children as your dependants, than the IRS will most likely contact either you and/or your wife to let you know that they have been claimed more than once for one tax year.

I suggest to avoid this problem in the future, you move forward with a court order addressing the issue of who will claim your children on their tax returns.

If you have any questions, or would like to schedule a free consultation you may contact me at 978-276-0777.

Thank you,

I agree with the previous attorney, that you may be contacted at some point and made to account for the duplication of claims in each tax year. To avoid this, you and your spouse may want to sit down and come up with an agreement on how you will proceed with your separation in practical terms.

However, you should know that there is no such thing as 'legal separation' in Massachusetts. You are either married - or you are not married.