Should You File Taxes Jointly or Separately During Divorce?

Crystal Wright | April 3, 2025 | Family Law

Filing taxes can be a complicated process without adding separation or divorce to the situation. However, many couples face this situation each year. The decision to file jointly or separately while going through a divorce could significantly impact your finances. Working closely with your divorce lawyer and your tax preparer can help you make a decision in your best interest.

What Determines Your Filing Status for Tax Purposes During a Divorce?

The Internal Revenue Service (IRS) clearly defines a taxpayer’s filing status based on whether they are married or unmarried on the last day of the tax year. If you are legally separated or your divorce decree is entered by the end of the year, you are single for tax purposes. You must file as single for the tax year unless you remarried before the end of the year, or you are eligible to file as head of household.

Your filing status is “married” if you are not legally separated or divorced by the end of the year. You can choose to file your tax returns as married filing jointly or married filing separately. A married spouse could qualify to file as head of household if they meet all the criteria.

Pros vs. Cons of Filing Jointly With Your Spouse During a Divorce

Filing jointly with your spouse during a divorce could have several benefits. For example, filing a joint tax return could lower your tax liability by lowering your tax bracket. You may also be eligible for various tax credits, which you could lose if you file separately.

However, filing jointly with your spouse during a divorce could pose problems. If your spouse owes taxes or penalties, you could be jointly liable. You could also be liable if your spouse commits tax fraud. While you might eventually obtain relief as an innocent spouse, it could be a lengthy, expensive, and stressful process.

If you file jointly with your spouse, there could be disagreements about tax refunds. If the refund is deposited into your spouse’s account, they may refuse to give you a fair portion of the refund.

Things to Consider if You File Tax Returns Separately During a Divorce

Federal law states you are single for filing purposes if you are legally separated from your spouse. The law defines legally separated as having a decree of separate maintenance. You need to confirm your status with your lawyer or a tax professional. There are strict requirements for what qualifies as “legally separated” for tax purposes.

Therefore, you may not have a choice but to file separately. Of course, there could be benefits of filing separately. You may qualify for deductions or credits based on your income, which might not be available when you combine income with your spouse. You may also limit your liability for your spouse’s actions and debts.

However, you and your spouse must agree on who claims your children as dependents. Only one parent may claim the children as dependents. Likewise, one parent should claim the childcare credit if applicable. Generally, the custodial parent has the right to claim the children as dependents, but parents could agree on another arrangement.

Reporting Alimony and Child Support on Tax Returns

The tax laws changed in 2019 regarding child support and alimony payments.

For separations and divorces finalized before January 1, 2019, a spouse receiving spousal support must report it as income on their tax returns. The paying spouse can deduct alimony payments. For divorces and separations finalized after January 1, 2019, alimony is neither tax deductible nor reported as income.

Child support payments are not tax deductible. The payments do not count as income for the receiving spouse.

Negotiating Filing Status for Tax Returns During a Divorce

Filing tax returns jointly or separately during a divorce could provide significant advantages or disadvantages for one or both spouses. Depending on the circumstances, how the couple files tax returns during a divorce could be a tool used during settlement negotiations.

For example, suppose filing a separate tax return results in significant tax liability for a spouse. However, if they file a joint tax return with their spouse, it reduces the tax liability. The spouse who does not need to file a joint return may offer to file a joint return in exchange for a concession in the divorce settlement. It could help you obtain the terms you want from your divorce.

Contact a Our Family Attorneys For a Free Consultation

Deciding whether to file taxes jointly or separately during a divorce is an important financial decision that can impact your tax liability, deductions, and overall settlement. Understanding IRS rules, weighing the pros and cons, and negotiating with your spouse can help you make the best choice. At Crystal Wright Law, LLC, we understand that every family is unique and are committed to helping you find the best solution for your situation. Consulting with a divorce attorney and tax professional ensures you navigate the complexities effectively and protect your financial interests. If you’re facing divorce and need guidance on tax-related matters, don’t face these challenges alone.

We serve all through Lawrenceville, Georgia in Gwinnett County and its surrounding areas. Visit our law firm today at

Crystal Wright Law Lawrenceville
440 S. Perry Street, Suite 105
Lawrenceville, GA 30046
(404) 891-0134