Talk to your attorney AND your tax accountant about this. If it benefits you (by negating his claim of when the marriage ended) then file jointly. BUT - you would likely come out ahead if you filed separately. You might negotiate some agreement with him for him to pay you half the difference of the refund you would get if you filed separately. Since it hasn't been negotiated yet who gets to claim the kids on their taxes, it might be easier to file jointly, but you want to make sure he doesn't steal the whole refund (if there is one).
Btw, I'm no lawyer, but it seems to me it would be pretty difficult to claim the marriage ended 2 years ago if you've continued to file jointly as married AND been living in the same house???
Thanks KML. I will ask my attorney. Our tax accountant is very good friend's with my FIL so I don't feel he's neutral.
As for h's claim that the marriage ended in 2015, I have a text from him from THIS September where he proudly says he is first to wish me Happy Anniversary again this year! (He said it first last year too and admitted so in this one text. That means he considered us married in 2017 and 2016.)
Much confusion on his part with timelines and all; like those Dali paintings with the dripping clocks.
Me 41, H 47, M 15 yrs, S11, S13 BD 1: 11/4/14 we work on it; really I pretzel myself BD 2: 3/31/15 H goes down to "dorm room" 8/15: H back to MBR 10/15: H back in dorm room 1/18: H files, now divorced
I think a sunset clause means the alimony expires at some point. In my state it's typically one half the length of the marriage for a long marriage, and permanent alimony is rare unless the spouse was always a SAHM and is older and/or disabled.
You will have to file as either joint or married filing separately for this tax year because you haven't lived apart for the past 6 months (otherwise you would be eligible for head of household - a big benefit you'll be eligible for next year). A joint return would result in a lower total tax bill and since those are joint assets, so is the return. The exception is if you think you are at risk of liability for him cheating the IRS. Then you would definitely want to file separately.
Me 45 H 46 At bomb T 22 M 13 D14 S12
H fell in love 2/14 H moved out 11/14 H bought a house 8/15 Legal sep 9/15, final 12/15 - I filed No moves toward D
These d laws vary state by state so take all advice hear with some caution. Many states have also gone through alimony reform so even a recently D friend may not be up to date. New federal tax law does affect deductibility of alimony starting for D closed after 12/31. What is most beneficial to you re tax filing should be addressed with an accountant. Custody should be determined by what is in the best interest of the kids not what minimizes his child support payments. If he is being completely unreasonable, I’d move quickly to mediation as the out of court settlement back and forth can drag out and rack up huge legal bills (I learned this the hard way). Not wanting to sell stock for a few years? That sound like b s as long term capital gains only requires a 12 month holding period.
Gordie 40s W 40s M20+ kids 2016 BD W fantasy affair w OM1 I do everything wrong 2017 I start to DB W says TLTL files for D PA w OM2 2018 I do LRT W drops filing and OM2 situation slowly improving
Don't forget to protect financially the future of your children, ask to have money put every year on a college fund. It should be part of the divorce settlement also: who will be paying for the braces if they are needed, the special expenses (sports, camps, kids cellphones...), health expenses... driving lessons... the first car... if the dog is sick who will be the vet fees. Take your time, make a list.
Look at it as a business deal, I got this advice from a friend who went though a very tough divorce , he tried to play nice until the divorce was done and then he stopped paying for a lot of items, but since they were not part of the divorce settlements she couldn't do nothing.
Last edited by job; 02/02/1801:58 AM. Reason: added spaces between paragraphs
Me 52+ WH 57+ Married 20 + Piecing since 2016 (ready to give up...)