I realize this would be different for different situations so...here's mine.<P>Separated a month. Could have divorce done by Christmas - or...could put it out there just a little bit more...<P>I've been stay at home mom who thought she had a wonderful marriage; he's been wandering ******* making about 100k.<P>Any advice? Before or after?<P>Thanks!!

I am not sure but I think if you stay married till the end of the year you can still file joint for the year and he will have the benifit of the tax deduction, he can still claim kids either way, I would suggest you file joint and take your half of return, if there is no return then I would ask for a portion of the extra deductions he will be able to take, you should consult a tax person on this.

BB,<P>I am hoping to file "head of household". I think I will get the most money this way. In order to file this though. I must have contributed at least half my children's housing and so forth and been either separated from my husband for 6 months or more or divorced. Since I have primary custody of the children I plan to use the child tax credit and also claim the chilren on my taxes. I do plan to discuss this with my attorney.<P>In your case I'd say talk to a cpa or your attorney. You may be able to negotiate in your divorce papers the way that would best benefit you. <P>If you have primary care of the child/ren, if there is anyway possible you could file head of household, get a job, even partime, you could take advantage of a lot of credits, including the child tax credit and possibly the earned income credit.<P>For your husband and his huge income, he would get a much larger credit if you filed married filing jointly. He could then take you and the children as dependents and use the child tax credit to his advantage. In which I would make sure it is understood through the divorce procedings that you do expect half the refund he gets back, if any. <P>I am not a CPA, but because of my background and filing my own taxes I do know a little about the tax laws.<P>Well, good luck,<P>ANNA

I was told last year by my CPA that whatever your marital status is on 12/31, you file that for the entire year.<P>My D was final in November of 2000 so I filed as single for the entire year and received a nice refund! [img]images/icons/grin.gif" border="0[/img]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Jayhawk 93:<BR><STRONG>I was told last year by my CPA that whatever your marital status is on 12/31, you file that for the entire year. [img]images/icons/grin.gif" border="0[/img]</STRONG><HR></BLOCKQUOTE><P>Yes, I know that part. But I haven't worked in two years - I have no income. I wonder if it wouldn't be best to postpone actual divorce until 1/1 and let him claim as usual and then get half or more of refund written in settlement...?

In that case, I would definately ask a CPA or someone in the profession who would know for sure. On the surface, waiting on the divorce may be best for you.<P>Good luck!

I'd suggest that you figure out your tax return both ways...jointly and as Head of Household..and see which way best benefits you..<P>But, as long as you are divorced by 12/31<BR>you can file as Single Head of Household..<BR>You can also get it put in your divorce papers that you claim the children..although<BR>it is generally determined that the parent w/ primary custody claims them..<P>A friend of mine was seperated..she filed, <BR>and her now ex filed both claimed the daughter since she has primary custody he had to pay them back the over payment..that he recieved for claiming the daughter..<P>You can also call the IRS and ask them to make sure what the laws are in regard to that..

Hi:<P>Alot of questions here. What would the divorce decree say?<P>Any alimony to you?<P>Who gets child exemptions?<P>Who owns the property?<P>It is best if you get the decree and have you tax consultant calculate it both ways jointly and split whatever refund or divorced and single head of household.<P>If you are to split the refund it would probably be better to file jointly but remember this is off the cuff.<P>I hope this helps.