Saturday, January 9, 2010

Can a couple that files separatly get income from other spouse in divorce?

I filed my taxes as single both years that I was married. Now I'm in the middle of a divorce. Is she entitled to ordinary business income listed on schedule K1?Can a couple that files separatly get income from other spouse in divorce?
It is very unlikely that your filing status will have any effect on your divorce proceedings. If you filed as single while being legally married and living together you may have another problem. As for the income on the K-1 it would depend on a number of factor including the state in which you filed for divorce. If she is shown as an owner in what ever enterprise issued the K-1 it is very likely that she will be able to count the income listed on that K-1. ( K-1s come from a number of sources which would greatly effect any response).Can a couple that files separatly get income from other spouse in divorce?
I would think she can. Even tho you filed seperate, you say you were still married. Thats probably how the courts will look at it. I don't think the tax records will have any bearing on it.
Filing taxes separately has nothing to do with what's granted in a divorce settlement. So yes, the settlement would work the same whether you filed separately or jointly.
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