Do we need to file taxes joint for 2010 if the divorce papers started in 2009 and have been separated for 4 years? 2 Answers as of February 10, 2011

Divorce papers were received in November 2009. We filed taxes jointly for 2009. Do we have to file for 2010 again jointly if the divorce is not finalized? Am I obligated to his debt for 2010?

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LT Pepper Law
LT Pepper Law | Luke T. Pepper
There is no requirement to file jointly if you are married but their are benefits. Before you decided to file separately I would consult an accountant as it is hard for me to speculate whether to file jointly or separately is appropriate without a consultation.
Answer Applies to: Pennsylvania
Replied: 2/10/2011
Steven J. Fromm
Steven J. Fromm | Steven J. Fromm & Associates, P.C.
Generally your tax status is determined on the last day of the taxable year. Since you were still married as of 12/31/10 you can file jointly or married filing separately. If there is any question as to prior or current tax debts, you need to file married filing separately. This will keep you clear of any tax debts of your spouse.
Answer Applies to: Pennsylvania
Replied: 2/9/2011
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