Legal Question in Family Law in Virginia

Income Tax Filing Status

The rules for filing ''single'' on federal and state income taxes say that to file using the ''single'' status, someone must be legally separated under a ''separate maintenance agreement.'' Is a ''Property Settlement Agreement'' considered a separate maintenance agreement? If a ''Property Settlement Agreement'' has been signed by my brother and his ''wife'', can my brother use the ''single'' filing status for his income taxes? His ''wife'' has been using the filing status of Head Of Household, even before the ''Property Settlement Agreement was signed.


Asked on 3/17/04, 10:59 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Income Tax Filing Status

Yes, a property settlement agreement(PSA) filed with the court qualifies as a "separate maintenance agreement".

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Answered on 3/18/04, 7:40 pm


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