Federal Income Tax and Divorce
Written by our divorce lawyers in Prince William County
With tax season looming around the corner, couples who are seeking a divorce have a lot to think about. A divorce affects taxes in many ways, and you should be aware of these effects.
For more than 30 years our divorce lawyers in Prince William County have been helping people through divorces in Manassas, Gainesville, Haymarket, Woodbridge, Lake Ridge, Dumfries, Bristow, Warrenton, Centreville, Fairfax, Stafford, Chantilly, Leesburg, Ashburn, Sterling, Herndon, Reston, Alexandria, Annandale, Arlington, and throughout Northern Virginia.
Following are some frequently asked questions from couples going through or getting ready to go through a divorce:
My spouse and I have been separated since April of last year, and now it’s time to file taxes. Can we both file as single?
If you are not yet legally divorced, you cannot file as single, although you can file separately. Your filing status would be married filing separately. You can also file jointly if that’s more advantageous.
I moved out of my house in Manassas on August 15, but was not divorced at the end of the year. I have one minor child. Can I file as head of household and take the Earned Income Credit (EIC)? Can I also claim child care expenses?
You do not qualify for head of household filing status because you and your spouse have not lived apart for the last six months of the taxable year and you are not considered unmarried. Your filing status for the year will either be married filing separately or married filing jointly. If you file separately, you will not qualify for the EIC and you cannot claim a credit for child care expenses. If you file a joint return with your spouse, you may be eligible to claim these credits.
I am divorced with one dependent child. This year my ex-spouse will claim the child as an exemption. Does this mean I cannot qualify as head of household?
You can file as head of household even though you do not claim your unmarried dependent child as an exemption if you meet all of the following requirements: (1) You are unmarried or considered unmarried on the last day of the year. (2) You paid more than half the cost of keeping up your home for the year. (3) A qualifying child lives with you in the home for more than half the year (except for temporary absences such as school).
I am divorced and pay child support. My children live with their mother in Prince William County and she claims them on her tax returns. Can I claim head of household?
No. According to our divorce lawyers in Manassas, your children must live with you at least half the year in order for you to claim head of household status.
If you are in need of experienced divorce lawyers in Prince William County, please contact us online or by calling 703-361-0776.
Divorce lawyers in Prince William County serving Manassas, Fairfax, Arlington, Gainesville, Haymarket, Woodbridge, Lake Ridge, Dumfries, Bristow, Warrenton, Centreville, Stafford, Chantilly, Leesburg, Ashburn, Sterling, Herndon, Reston, Alexandria, and Annandale.