My wife and I are about to divorce and she refuses to file jointly on the 2007 IRS.?

Question

We have been living apart for 3 years and in this time she has not been gainfully employed. She has filed separately as "head of household" to vindictively force me to pay $8000.00 for both federal and state income taxes. If we filed jointly I would only have to pay $2000.00. Is this viable if I have paid 100% towards her living expenses? Also, my youngest daughter has lived with her for most of the year.

Answer 1

If she is not gainfully employed, what income is she using to claim HOH with???

Post script, there is a guy who lost in tax court this week.  He filed late, owed, got hit with penalties.  He tried to claim that he shouldn't owe the penalty because, according to him, the divorce decree requried them to file jointly and when he filed MFS, he owed.  The tax court didn't buy it for a minute.

Answer 2

No one can be forced in to filing jointly.  She doesn't have to file jointly if she doesn't want to.

Answer 3

Do you truly wish the divorce to proceed?  If so, then the rest is relatively easy inasmuch as divorcing can be made easy or not.  First, go and have an appointment with an IRS worker and see what is best since you are already late in filing.  What you need to do is clear yourself first; otherwise, your negotiating capacity will be lessened.  IRS is not concerned about squabbles between spouses.  They only concern themselves with the financial aspect -- cut and dried.    

Now, on the personal side of it -- if you are divorcing, given what you have explained above, it would appear that something much greater comes to bear than mere coin: a different measure, the freedom and resolve for the both of you, which is a much greater feature to 'bank' on: this is called inner calm and a healthy frame of reference hereafter.

What can be said strange ironic is -- look to the allowances as set by the IRS as a grounding to what you are doing.  Make things simple now, because hitherto this, all appears things were made needlessly complex.  Don't add to the already complexity by including IRS bureaucracies into the mix.  Actually, the IRS can be an ally.

So see your disagreements and your prospective of having to pay more as the price to be rid of one long impasse with someone who for you has been an unhealthy one.

It needs closure, for you and her have protracted a Cycle that has long since served its purposes -- only to be done with now.

If you have to lose $6000.00 to accord yourself freedom and the final rest from all the years of strike and strain -- then simply go with it and close down the Cycle.  Do what does not harm you and your daughter but based upon what is best for you as a point of reference.

After all, that is no more than what she claims she is doing: it certainly is explicit.

Some things we simply can do nothing about.  If we try otherwise, and keep the mess in a state of suspension, it eventually costs us immeasurably -- well beyond the import of money's meanings.  It becomes like the way of banking habits itself, in which there accrues interest on the principal.  In short, bad only becomes worse.  Meanwhile, the late penalty and interests on the principal and penalty is adding and adding up...

So why allow that things add up and compound.  While she is 'vindictively forcing' you -- if by default -- you as well appear to be forcing her by expecting her to abide what you want.  

She wants, you want.  What's the difference?  Well, to the IRS there 'is' no difference: whomever drew the income is the one the IRS is concerned with.  'See?

Bear in mind that filing taxes is technincally "voluntary."  That even more stands to reason why you could not 'make' her file jointly.  And so one's efforts cancels the other's efforts, and you would only yield 0.  But -- you would actually pay again and again because of what federal law %'s require a taxpayer pay.  The rest is an attempt to micro-manage a vain shadow; no longer the light.  

For by this, which is a neutral way of approaching this, what now appears to you a loss will pleasantly and surely evidence to you a gain in the near future -- if and only if you now let it all go.  So do not translate success in what you are pursuing in terms of coin.  

If the love of money is the root of all evil, then you had as surely realize that the hatred of money resolves to the same -- for money in itself is a neutral thing: it has no polarity as such but is rather a medium, for which the intention focused upon it serves as a tender, a rendering, a promissory as such.  

That your wife chooses to use power does not mean that you have to.  Your mission now is to resolve with as much neutrality with the very thing over which you both are presently wrangling with: money.  Close down the marriage finally and move on.

It would appear that the crux of your concern is beyond that of money, however, but rather one for which the one wants to get back at the other.  This all is settled best and neutrally so by simply proceeding with the divorce.  And get it over with.  

Anyway, the IRS won't require that you pay the entire amount in one lump sum anyway.  IRS allows it to be paid in installments so long as you are not willfully non-compliant -- even though you may be presently in arrears for 2007 taxes -- thus there is nothing to drag your feet about otherwise.

Answer 4

You can't force her to file a joint return, regardless of her reasons.

I'm a bit confused on something, though.  Does she not have any (or very little) income, and you're paying all of her living expenses?  How is it that she can claim Head of Household if she has no income with which to keep a house?  Also, if she's not making very much she might not even be required to file.  She must furnish over half the cost of maintaining her household in order to be considered unmarried for filing purposes, thus making her eligible to file as HOH.

Answer 5

In order to file HOH she must support the children more than 50%. If you can prove she did not then she cannot file HOH>

Answer 6

You might want to have your situation reviewed by a professional preparer.

If your spouse had no income, you can claim an exemption for her on your separate return.  If she had no income, she would not be filing a return at all.  

If your child is not living with you, and the mother does not file a return, and the child had no income, you may be able to claim an exemption for your child.

Have your divorce papers state how the exemptions for the child will be handled in the future.  

Answer 7

Offer her part of the savings.  Cash may talk.  Of course, if she has concerns about you reporting all your income or taking erroneous deductions, she is wise to not file jointly.  It is her choice.

If there is good news for you, it is that you and she can amend and file jointly if you are on better terms in a year or two.  Not likely to happen but occasionally it does.

Answer 8

Unless a judge issues a court order requiring her to file a joint return with you, she can file separately no matter what her motives are.  Sometimes an order to file a joint return is part of a divorce agreement.

Answer 9

A joint filing requires the consent and signatures of both persons.  If she is unwilling to file jointly, then you cannot file jointly.  You must file as "married filing separately" if you do not qualify to file as "head of household".  If you do qualify to file as "head of household", then you may file as "married filing separately" or "head of household".