I got divorced/separated during the tax year, what should my filing status be?

Modified on Wed, 24 Jan 2024 at 11:52 AM

Per the IRS, if you are unmarried, your filing status is Single or (if you meet certain requirements) Head of Household or Qualifying Surviving Spouse.

 

The IRS considers you married if you don’t have a final decree of divorce or separate maintenance by December 31st of the tax year. If you are married, your filing status is either Married Filing Jointly or Married Filing Separately.

 

Your state law determines if you are legally divorced or legally separated. If you are still considered married under your state law, you may file using the status of Married Filing Jointly or Married Filing Separately.

 

Note: there is an exception for certain taxpayers who lived apart from their spouse for the tax year to file as Head of Household. You can check out our article about filing as Head of Household for more information.

 

If you still aren't sure what your filing status should be, the IRS has a tool to help you determine your filing status here.

 

Additional Resources:

 

This content is provided for informational purposes only and should not be construed as tax, legal, financial, accounting, or other advice. Rules and regulations vary by location and are subject to change, so please consult with an expert if you need advice specific to you.

 

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