Legal Question in Family Law in Virginia
taxes filing status ''single'' vs ''married filing separately''
I would like to know if I am eligible to file my tax return using ''single'' status. My husband and I have a written Separation Agreement that the two of us signed and notarized in March of 2004. Below is IRS definition for filing status:
''Single''
Your filing status is single if, on the last day of the year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree, and you do not qualify for another filing status. To determine your marital status on the last day of the year, see Marital Status, earlier.
''Marital Status - Unmarried persons''. You are considered unmarried for the whole year if, on the last day of your tax year, you are unmarried or legally separated from your spouse under a divorce or a separate maintenance decree. State law governs whether you are married or legally separated under a divorce or separate maintenance decree.
To determine if I would qualify to file as ''single'' I need to know the answer to the following question: in the State of Virginia is my husband and I are considered �legally separated� and does our Separation Agreement constitute oficial separate maintenance decree?
1 Answer from Attorneys
Re: taxes filing status ''single'' vs ''married filing separately''
You might want to consult with an accountant who is better qualified to answer tax questions but my understanding is that you certainly can file separately, particularly in view of the fact that you have an agreement. You could also call the IRS help line with this question if you are still concerned.
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