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taxes married but separated

My mom is married but separated from my dad. Can she file separately while claiming she is married? My dad took all of his money out of his 401K when he got fired and they didn't take the takes out so if she has to file with him, she will owe half of the taxes on that money when she didn't see any of it (they were already separated when he took it out. She asked me if I thought she could, I don't know for sure.

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JLS2388

Asked by JLS2388 at 8:00 PM on Jan. 12, 2011 in Money & Work

Level 25 (25,280 Credits)
Answers (7)
  • I would to to the IRS website or call them directly and ask. Good luck to her.
    AdrianaS

    Answer by AdrianaS at 8:04 PM on Jan. 12, 2011

  • Check in to see if she can file injured spouse. If papers were filed before he took all of the 401k, she might be able to do it. Not 100% sure though. I think you should really ask a tax professional.

    GL
    Razelda

    Answer by Razelda at 8:04 PM on Jan. 12, 2011

  • If they have been living seperate for 6 months she can file head of house hold, I did last year. Go to an accountant not H&R block
    christinato

    Answer by christinato at 8:11 PM on Jan. 12, 2011

  • She should be able to file married filing separate if she wants. I'm not sure if that will get her out of the tax liability, but I'd assume since it's his 401k he'd be responsible for it.

    She can also look into filing an injured spouse form if they do try to make her pay taxes on the 401k.
    Erica_Smerica

    Answer by Erica_Smerica at 8:24 PM on Jan. 12, 2011

  • If they have been living in separate households for at least 6 months prior to Dec 31 2010 then she can file "married filing separately" and then she doesn't need to have any of his income information.
    aeneva

    Answer by aeneva at 8:50 PM on Jan. 12, 2011

  • Its called married filling seperatly, and even people that still are married are not "seperated" could file that way. If they were in seperate houses for more than 6 months, she could file head of household, which is much better tax wise.
    Candi1024

    Answer by Candi1024 at 3:37 PM on Jan. 13, 2011

  • Call the IRS 1-800-829-1040 - Hours of Operation: Monday – Friday, 7:00 a.m. – 10:00 p.m. your local time (Alaska & Hawaii follow Pacific Time).

    rkoloms

    Answer by rkoloms at 8:36 PM on Jan. 13, 2011

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