California Married Filing Separate Return - Spidell

California Married Filing Separate Return

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Message Board California Married Filing Separate Return

This topic contains 1 reply, has 2 voices, and was last updated by Lynn Freer 9 months ago.

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  • #138614
    Karen Walker
    Participant

    My client had filed for legal separation but was not divorced as of 12/31/18. She has no contact with her spouse. How does one file a tax return as Married Filing Separate when there is no way to access the W-2 of her spouse? There are legal reasons why she cannot contact him.

    What does she do if he files a joint tax return without her knowledge?

  • #138670
    Lynn Freer
    Participant

    First, he can’t file a joint return without her signature. Community ends at the date of separation so report her income only from the date they separated. If they were together part of the year, technically she splits her income for that period and notifies him in writing prior to April 15. You could also attach a statement saying she is unable to contact him and reported her income only