MY HUSBAND AND I WERE SEPERATED MARCH 2009 [LEGALLY AUGUST 2009] DO WE HAVE TO FILE TAXES TOGETHER OR CAN WE FILE SEPERATELY AND DO I CLAIM MONEY HE PAID ME EACH MONTH AS INCOME SINCE WE ARE STILL MARRIED? WE LIVE IN VIRGINIA.
I've already tried...
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Since you are legally separated you must file separately and you have the option of filing with the single status. You cannot file a joint return. It doesn't matter when you separated, your filing status is determined by your marital status on the last day of the year. Spousal support (even when legally separated) is taxable to you so the support that he paid you each month after your separation is taxable income.
On a related not, when you do file your taxes, make sure that your accountant takes into consideration that for 2 months of the year you were living with your husband and the treatment for the income and withholdings in those two months will be different than the remainder of the year you were separated. Hope that helps!
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