Joint Returns With Your Soon-to-Be-Ex Spouse – Think Carefully, Tread Lightly!
Apr 26
Divorce is often messy and painful, with a lot of emotional fallout that needs to be understood and processed before you can do anything else. However, just because you’re dealing with a lot of emotional issues doesn’t mean that you just give up on the rest of it. Indeed, you will still need to make sure that you’re thinking about your tax situation if you’re planning on a divorce.
Filing for divorce can change your tax situation big time. If you’re thinking about filing jointly on your taxes “one more time” in order to get a lower tax payment, you might want to rethink this.
There is a case that’s making the headlines lately where a couple actually had a massive tax payment due and the woman signed their joint tax return. She didn’t realize that he didn’t have the money to pay capital gains tax on the sale of a gas station, and she ended up being on the hook for the tax payment as well.
Once you file as a married couple together, the IRS will hold you liable for any and all taxes due. So you have to start making sure that you are looking carefully at your tax situation.
It also needs to be said that if you really don’t know what you are to do with your taxes, you really need to let someone handle your taxes. It’s very tempting to just throw caution to the wind, and do it yourself. However, you’re inviting a lot of liability into it.
In the case that’s on file right now, it had a happy ending — the woman took her spouse to court and it was ruled that she didn’t have to pay all of that tax, and she was an innocent spouse. However, if she hadn’t won the case she would have had to pay a great deal of tax as well as penalties for not having the tax paid on time.
So if you’re facing divorce, you really might want to start thinking about whether or not you really want to file that joint tax return. Yes, you might miss out on some lower taxes, but you can also dodge the tax mistakes that your ex-spouse in the making could produce as well.
Keep in mind that divorce agreements are not binding on the IRS — so even if you work out terms that are pleasing to both of you, the IRS can still collect from both parties without caring about your agreement in place.
Sobering? It should be. Plan accordingly and look at all areas of your taxes for best results — good luck!
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