Should you file a joint return while your divorce is still pending?
In order to file a joint tax return, you have to be married at the end of the tax year. The IRS looks at your marital status as of 11:59 p.m. on December 31.
But there are still good reasons to file separately.
You’re getting divorced. You suspect that your spouse committed tax fraud. What do you do? If you signed off on a joint return and knew of the deception, you could be charged with conspiracy to commit tax fraud. That is a serious crime. Even if you’re not on the hook, it takes careful analysis to determine whether it’s in your financial best interests to air this issue.
