Divorced with no tax return

[GI&JIM 1]

Hello there,

I never thought I would be here posting questions related to a divorce. I used this website in the past to guide through my K-1 journey and now I'm here. What a shame. Anyways, I arrived in the Us in February and got married to my US husband in April 2014. So I was his dependent during the entire year. Now we are getting divorced and I moved out before he filed for taxes and I have no idea if he filed and how he filed. ( married, jointly or separated. ) should I be concerned that I don't have a copy of this tax return? I'm going to file for a waiver based on divorce when I get my divorce decree but I'm afraid that my case can me hurt for lacking this evidence.

[Villanelle 4,122]

Okay. So first welcome to the US taxpayer system.

Youll find the immigration paperwork and instructions were pleasant and simple when compared to tax forms and instructions ha ha.

So- lesson one-

Just like in immigration proper words and terms make a HUGE difference to the IRS. The workers arent known for being friendly or helpful; and using a wrong term like 'dependent' at the wrong time can lead you down the wrong path and get you misinformation.

Generally speaking adults are never dependents. Dependents are usually children. I know logically you say to yourself- well I dont work, I have no income so I am dependent on my spouse, but this is the IRS and regular logic does not apply. PLUS remember you are adult. You are in an EQUAL partnership with your spouse am I right? Not a child/parent I am the boss of you- you are dependent on me/I give you an allowance type relationship (I hope!). So EQUAL PARTNERS.

With that in mind/// Your spouse had the option of filing (if he was the only one with income) a tax return as married filing separately or married filing jointly. Because you were legally married he needed to file as married and not single. Single is only for people who are legally single- you all are not divorced so hes not eligible to file that way yet.

Now technically in the good old days of pen and paper to file married filing jointly since both spouse need to sign the joint application- you as the wife would know about it since you would have the pen in your hand at some point when you physically scribble your name at the bottom. But due to technology most people file online and all it takes is a click of the box acknowledging that both spouses agree to submit the return under penalty of law blah blah blah.

So is it fraud that he submitted a joint return and clicked your name saying its okay? Eh. Technically. Would you be complaining about it if you were not divorcing? Are you complaining about it? Not really. I mean it can snowball if you find out the tax return shows you both owe crazy amounts of money or he did something illegal on it and now you are in trouble too- but there are forms you can fill out to fix that- whole other topic though!!

-------

SO what you need to do---

You need to find out if there was a tax return filed JOINTLY with your name because most likely there was. Married filed jointly gives a much better tax advantage then married filed separately. So most likely it was filed jointly. A joint tax return belongs to YOU BOTH.

There are several ways to obtain a copy of what was filed, but because you have no information about the return your best option is to go to a local walk in IRS center with- your photo ID and SS card and ASK. Very simple. You just ask. You tell them you need a copy of any tax transcripts that are on file for your SS number. If your husband filed a joint one it will be there, If he didnt they wont have anything. They will be able to print it out while you wait.

You can find the closest walk in IRS office along with hours of operation by searching google.

IF there are no returns filed when you file your immigration paperwork and tax returns are needed- for that year you would include a letter stating none were filed by YOU as you had no income so you were not required to file.

(this will most likely not be the case though as I suspect he filed married jointly- however if its anything different please post back as it will complicate your divorce waiver 751 and the forum can assist you in preparing your packet)

[novedsac 355]

Contrary to what was stated above, there are plenty of instances where adults can be dependents on a tax return ... a child between the ages of 19 and 24 if they are a full-time student as well as a whole host of adult relatives that meet the 'qualifying relative' criteria. The important thing for the OP is that a spouse is never a dependent but rather an exemption for which a deudction to gross income is taken for the spouse.

Yes, as noted above, if a return was filed with OPs SSN, then OP has the right to request a copy of that tax return. If such a joint return was filed, then it would be highly advisable to have it looked over by the OP and an tax preparer to ensure that there is no liability for taxes owed or fraud which could potentially impact the OP.

If no joint return was filed, it would be highly advisable for the OP to file a Married Filing Separate return. Even though OP has no income which requires her to file a tax return, she is still entitled to file a return should she wish to do so. This approach would preclude her ex-husband from filing a joint return in the future with her SSN. It is a way for the OP to protect herself from any tax/income shenanigans her ex-husband may be involved in.

I do not know the implications of a MFS return on a 751 divorce waiver, but I don't see how it would make any difference as long as the marriage was entered into in good faith which is the primary criterion for the waiver.

Edited April 29, 2015 by novedsac

[JohnR! 5,495]

Sorry to hear about your divorce - it sucks...

In regards to your tax situation it is not as complicated as it seems. Spouses are not considered dependents for tax purposes. The easiest way would be to ask your husband whether he filed jointly or separately. If he shouldn't cooperate, go to the IRS office and obtain a transcript of the tax return, if one was filed. If your husband hasn't filed taxes then you must file yours as MFS and be current with the IRS.

Good luck!

Hello there,

I never thought I would be here posting questions related to a divorce. I used this website in the past to guide through my K-1 journey and now I'm here. What a shame. Anyways, I arrived in the Us in February and got married to my US husband in April 2014. So I was his dependent during the entire year. Now we are getting divorced and I moved out before he filed for taxes and I have no idea if he filed and how he filed. ( married, jointly or separated. ) should I be concerned that I don't have a copy of this tax return? I'm going to file for a waiver based on divorce when I get my divorce decree but I'm afraid that my case can me hurt for lacking this evidence.

[CowBoE 429]

Since you were legally married in 2014, if your hubby filed tax,

he probably filed as "married filing jointly" because it typically gives best tax break.

You are definitely entitled to a copy of the tax records,

if he filed jointly, so you should start by asking him whether he filed the tax

and if you were included, ask for a copy.

Alternatively, you can try to look up tax transcript online or

visit IRS office to get a copy.

But if he hasn't filed, or filed late, then IRS may not have the tax transcript for 2014...yet.

[1HappyGuy 45]

Hello there,

I never thought I would be here posting questions related to a divorce. I used this website in the past to guide through my K-1 journey and now I'm here. What a shame. Anyways, I arrived in the Us in February and got married to my US husband in April 2014. So I was his dependent during the entire year. Now we are getting divorced and I moved out before he filed for taxes and I have no idea if he filed and how he filed. ( married, jointly or separated. ) should I be concerned that I don't have a copy of this tax return? I'm going to file for a waiver based on divorce when I get my divorce decree but I'm afraid that my case can me hurt for lacking this evidence.

Your status is as a spouse, not a dependent. As said above, you need to contact your husband concerning if he filed a tax return or an extension. Of course obtaining a copy is necessary and possibly he had a tax preparer do it for him. You should be willing to pay for a copy from the tax preparer. There are other issues that are not discussed for you to understand. If he filed a joint tax return, did he obtain your signature on forms? If he filed jointly without your signature that is fraud and highly illegal. If you signed some forms before the filing deadline then you are entitled to copies of the returns. Next, are you in a community property state? If yes, then you are liable for any income taxes filed on a joint return but you are also entitled to report 1/2 of the income separately. No matter what the case is, you need to find competent help such as a CPA. You probably already have an attorney, but I doubt he is familar with tax law.

Good luck.

[GI&JIM 1]

Thank you gays so much for all the info you provided me!

Yes, my concern is if he filed jointly without my permission. I didn't sign for anything before moving out. But unfortunately, one of the many reasons my marriage ended is that he is not a very honest and responsible person, especially when it comes about money... I'm afraid he owns taxes. So I'm praying he filled separated and I can get this figured out!

I'm going to an IRS office as soon as possible to see if I can get a copy of whatever has my name on.

Again, thank you so much for the help! I really appreciate!