I have not filed my 2010 tax return. During 2010, I separated from my husband and filed for a divorce. Can I file married, but separate for 2010? Please note that we weren't legally divorced until 2011?

ANSWER

Expert Eugene Jaspan's Answer:

 Yes, if you are legally married at December 31, 2010, you must filed either married filing joint or married filing separately.  IRS Code Section 6013 and the 2012 U.S. Master Tax Guide paragraph 152 review this issue.  If you are legally separated from your husband at the end of 2010 and you have children in your household for which you provide at least 50% of their support, you may qualify for the preferable "Head of Household" status.  See 2012 U.S. Master Tax Guide Paragraph 173 for details.

Eugene Jaspan, CPA

New Jersey

24 yrs experience

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