All this talk of taxes and April being so near has me also tyring to figure this one out.

H and I are seperated for 10 months now. He asked me to file jointly. I am still thinking about it.

He could potentially file for D in May.

Question: Will filing jointly (married as compared to seperated) be seen badly once the D process starts?

I guess I wonder IF agreeing to file as married will HURT me in the Divorce process?

I know my question is ODD, but I have no idea and would just like some thoughts on this. <img src="/ubbt/images/graemlins/smile.gif" alt="" />


Daisy <img src="/ubbt/images/graemlins/cool.gif" alt="" />

I don't know what the tax laws are in Canada. Are they the same as the states?

I don't think it would be seen as badly. He is a student right? Does he expect a certain amount if a refund is due?
If you do decide to file this way and he gets a part of a refund it would be good for you to have that in writing, meaning the amount he received.

You do what is best for you Daisy. If it benefits you more to file seperate, then do that. It makes no difference that is why they give you the choice to file jointly or seperate when seperated. I know it's hard making tax time decisions.

Lady

lady...
Thanks. We would both benefit by filling jointly because he is a student and doesn't have a high income.

I was just concerned about if this would somehow hurt me during the Divorce. Since I am the one with the income, I am living in our house, making all the house payments, etc. He left, has not contributed in any way, and I did give him money at first (till we complitely seperated our finances in Sept).

I was worried that If I said during the divorce, "well, I have been paying for everything since you left, you have not contributed at all, you left, hence you should not have a claim on the house SINCE you left".....that his lawyer (if he got one) could somehow use the fact that I still was willing to file as married with him against me.

As I said I don't even know if my question makes sense, I don't know much about the law <img src="/ubbt/images/graemlins/rolleyes.gif" alt="" /> (clearly!) and so I thought I'd ask....in case someone had any experience with this. I don't really see other people here talking about it, so it probably is not an issue.

Thanks!
Daisy <img src="/ubbt/images/graemlins/cool.gif" alt="" />

No Daisy I don't believe a lawyer can use the filing jointly against you. Your finances were together most of the year anyway. And you are still married and can file any way you choose as long as your WH agrees to file with you jointly and signs on the dotted line with you.

Lady

dasiy i agree with Lady...but as you can tell from my thread....

i'm just as confused about this whole tax thing as you are!

I am a CPA and divorce was finalized right as the year ended. We agreed in our divorce to file married- jointly but did not because we received more by her filing with dependents than me single. She then gave me half. In th eeyes of the tax code we were single. Our "agreement", approved by lawyers and a state supreme court judge was moot in the eyes of the tax code.

Tax filing status would have no bearing on divorce proceedings in New York State.

Eav..looking for your post now...and can not find it post your question hee and I will see if I can assist.

Eav's thread is HERE