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To File Jointly or Not to File Jointly? That Is the Question

BY Jonathan Hoffman
August 30, 2011

Married parties are often able to enjoy the significant benefits of filing a joint tax return during their marriage and potentially during their separation as well. These joint tax returns, while financially beneficial from a tax perspective, may lead to significant problems once litigation ensues.

While there are often many complicated tax issues in a divorce matter, one issue that is commonly faced is a decision as to whether or not separated spouses should continue to file joint returns until the divorce is finalized.

Clearly, putting the parties in a higher tax bracket for no reason makes no sense if it can be avoided. Additionally, for a dependent spouse receiving potentially taxable income (alimony pendent lite or spousal support, for example), a joint return can be beneficial if he or she will have no taxes to pay. When then does a joint return become problematic?

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