Answers to legal questions

posed by the general public to Memphis Attorney Christina Burdette

Q: Do I have to file taxes jointly if I'm separated from my husband but not legally divorced yet....

My husband left me in August 2014. Since then I began working. My husband neglected some student loans and his checks are being garnished as a result. Which means (we assume) any refund he gets will be taken. He wants my W2 to file jointly. But do I have to? We are not legally divorced. We do not live together. And I opened my own personal checking account when I began working. I would like to file as married filing separate/individual- not sure the correct option. How should I proceed?

A: As a general rule, it's more expensive to file your tax return as married filing separately.....

In some situations, however, it makes a lot of sense to file this way and limit any potential spousal liability. The best thing to do would be to calculate your taxes both ways: as married filing jointly and as married filing separately. You can read more about the requirements and special rules for married filing separately in IRS Publications 17 and 501. Doing the calculation both ways is the only way you'll know for sure which one will be best for you.

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Hire an Experienced Lawyer

At The Burdette Law Firm we are competent, and caring lawyers and parents ourselves. When dealing with family law matters, and will provide excellent legal advice. We give our clients a great deal of information on family so they can have the proper understanding to make important legal decisions. Family law is an emotional process, and we always strive to ease the stress during this difficult situation.

Contact our lawyers for more information

After reviewing the above if you have questions and need our assistance in a family law matter, please call us at (901) 756-7878 or use the contact form to the right.

Christina Burdette