It is tax season! Tax season can often be confusing, especially if you are filing taxes after a divorce. Your tax filing status affects your tax rates, deductions, and eligibility for certain credits. Your filing status is typically determined based on your marital status as of the last day of the tax year (December 31). Understanding your options for filing after a divorce can be helpful for this upcoming tax season. Please note - it is important to get your own individual tax advice from a tax advisor. This information is simply a generalization and could be different based on your circumstances, change in the tax code, etc.
Filing Status Options
Married Filing Jointly – Typically available only if you were legally married as of December 31
Married Filing Separately – Typically available if you were still legally married as of December 31, but chose to file separately from your spouse.
What Is Your Filing Status for the 2024 Tax Year?
If Your Divorce Was Finalized before December 31: You are typically considered single (or head of household if you qualify) for that tax year.
If Your Divorce Was Finalized after December 31: You are still typically considered married for the previous tax year and typically file as either married filing jointly or married filing separately for that year. You will typically be able to file as single (or head of household if eligible) starting in the following tax year. Example, if your divorce was finalized on January 4, 2025, you would typically be married for 2024 taxes and single for 2025 taxes.
Choosing Between Married Filing Jointly and Separately
If your divorce is not finalized before December 31, you and your spouse will need to decide whether to file jointly or separately that year. Filing jointly usually offers tax advantages, such as lower tax rates and eligibility for more deductions and credits. However, filing separately may be a better option if:
You want to keep your finances separate.
Your spouse has significant tax liabilities, and you don’t want to be responsible for them.
You suspect your spouse may not accurately report income or deductions.
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