Do I have to claim my ex-wife on my taxes next year if our divorce goes through this year? 7 Answers as of October 08, 2012

I'm hoping to be divorced very soon and am confused about how I would do my taxes next year. To include her or what?

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Irsfeld, Irsfeld & Younger LLP | Norman H. Green
You can never claim a spouse as a dependent. If you are divorced by December 30, then you cannot file a joint return. If you are still married on December 31, then you can either file a joint return with her (if you and she agree to cooperate in this), or you can file a separate return. If you divorce this year and then marry someone else, then you either can file a separate return or file a joint one with your new wife.
Answer Applies to: California
Replied: 10/8/2012
Edward L. Armstrong, P.C. | Edward L. Armstrong
Next year (assuming the divorce is final on or before December 31, 2012) you would file your taxes as a single person. If you have minor children and you have custody of them most of the year you might be able to file as head of household. This has a "better tax rate."
Answer Applies to: Missouri
Replied: 10/7/2012
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
See a knowledgeable accountant who can calculate your financials and advise how best to handle this. It also depends on what marital agreements you have with your wife.
Answer Applies to: California
Replied: 10/7/2012
Lynn Boak, Attorney at Law P.C.
Lynn Boak, Attorney at Law P.C. | Ethelyn (Lynn) Boak
Your marital status at the end of the year is what determines your filing status.
Answer Applies to: Wyoming
Replied: 10/7/2012
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
If you are divorced before December 31, 2012, you cannot file a joint with her, you cannot file as having any married or married filing separately status unless you remarry before the end of the year and cannot "include" her.
Answer Applies to: California
Replied: 10/6/2012
    U.S. Tax Relief, LLC | Dale Heider
    You federal filing status is dependent on your marital status at December 31st of each year. If you were legally divorced on 12/31, you can file Single or Head of Household, as the case may be. If you were still married on 12/31 you could file Married Filing Jointly or Married Filing Separately.
    Answer Applies to: Colorado
    Replied: 10/6/2012
    Meadows & Howell, LLC
    Meadows & Howell, LLC | Brad Howell
    If your divorce is finalized in 2012, then you can not claim your wife on your tax return when you file the 2012 tax return. This is true even if the divorce is not finalized until December and you were married for most of the year. So long as the divorce was finalized at any point during 2012, then your wife can not be claimed on your 2012 return.
    Answer Applies to: Alabama
    Replied: 10/6/2012
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