Mediate This!

Should You Continue to File Joint Tax Returns Pending a Divorce?

December 31, 2021 Matthew Brickman, Sydney Mitchell Season 1 Episode 45
Mediate This!
Should You Continue to File Joint Tax Returns Pending a Divorce?
Show Notes Transcript

Should You Continue to File Joint Tax Returns Pending a Divorce?  Matthew Brickman and Sydney Mitchell answer your most frequently asked questions about divorce as they go over several key points:

  • Assume nothing.
  • Know who you are before you get married. 
  • Know who you're getting married to. 
  • Know the laws and statutes in the state you live in.
  • Don't take advice from anyone who isn't a legal professional in the state in which you're getting married and living in.

If you have a matter, disagreement, or dispute you need professional help with then visit iMediate.com - Email mbrickman@ichatmediation or Call (877) 822-1479

Matthew Brickman is a Florida Supreme Court certified family and appellate mediator who has worked in the 15th and 19th Judicial Circuit Courts since 2009 and 2006 respectively. But what makes him qualified to speak on the subject of conflict resolution is his own personal experience with divorce.

Download Matthew's book on iTunes for FREE:
You're Not the Only One - The Agony of Divorce: The Joy of Peaceful Resolution

Matthew Brickman
President iMediate Inc.
Mediator 20836CFA
iMediateInc.com

Speaker 1:

Hi, my name is Sydney Mitchell. Hi,

Speaker 2:

I'm Matthew Brickman, Florida Supreme court mediator. Welcome to the media, this podcast, where we discuss everything mediation and conflict resolution.

Speaker 1:

Welcome everybody to this episode of media . This I'm Sydney sitting here with Matthew and today we are gonna be answering some of the questions that you are listeners have been submitting to us about all things, divorce and mediation. So , um, let's just jump right in. If you do have a question in the future that you would love for us to dive into on an episode of media , this, you can just send an email, submit your questions to info@ichatmediation.com . It'll get sent directly to us and we'll , uh , hopefully be able to answer your questions here.

Speaker 2:

All right . You got another question?

Speaker 1:

Yeah. Our next question. Uh , Matthew, it says, should you continue to file joint income tax returns with your spouse pending a divorce? Uh ,

Speaker 2:

Again, should you it's sort like can , and you, should you, so, should you , um, you really need to talk to your, to, to your attorney or your, whoever does your taxes. It depends. I mean, it , it really depends what I have seen. So I'll tell you what I have seen. What I have seen is it depends when this is all going down during, in the year. So for example, if they had filed , um , let's just say that it's going down in may. Okay. And they had just filed joint tax returns for the previous year. Right? Because they were married and now they're getting divorced in may. Are they gonna file joint tax returns for that year? No. It's only been a few months. I think somewhere along the way , the , uh , that I think there's something out there and don't, don't quote me on it, but I think it's like, if they've still been together working through the divorce, still going past six months. So you've still been married longer than six months in a calendar year. Yeah .

Speaker 1:

I think it would just be whatever the majority of that year.

Speaker 2:

Yeah. So, so what I've done in the agreements is if it's been longer than six months. So like, if it's, if , if you're past what June, if it's July, August, September, then we always the attorneys and myself always, always, always advise the parties, talk to your accountant for find out the best way to file. Most people are amicable on that because they know they're not stupid. You're gonna pay less taxes to the government filing joint. So what we do is we build into the agreement that they are going to file joint tax returns. And if there's any liability, they will equally contribute towards it. And if there refund they're equally gonna divide it and then the following year and forward, they will then file separately. Mm-hmm <affirmative> and

Speaker 1:

That's

Speaker 2:

What's

Speaker 1:

That that's in your agreement now I say ,

Speaker 2:

Yeah . So , um, so, so yeah, I mean, it , it depends if it comes up, sometimes it never even comes up. The parties don't ask the attorneys don't volunteer . It doesn't come up. It's not an issue, but if, if it does come up and they ask us, then we usually like, okay, what, or what month is it? Okay. And then, you know, we always, you know, cuz there is a waiver at the end of the agreement that says, look, the mediator attorneys gave the parties, any tax advice, bankruptcy advice concerning any aspects of this agreement, cuz we're not going to, they need to go talk to their tax people. Right. Um, but you know, sh um , now once they're divorced and I know this says pending a divorce, once they're divorced, they can't file joint . You know,

Speaker 1:

Even if the previous year they had been together more than six months, no . Or it had

Speaker 2:

Not been final . I mean , I mean , I mean, AF after they're officially divorced and you've gone through and figured out that time. Okay . Yeah .

Speaker 1:

Yeah . Okay . That makes total sense. Yeah .

Speaker 2:

Occasionally Sid and I will be releasing Q and a bonus episodes where we will answer your question and give you a personal shout out .

Speaker 3:

If you have a comment or question regarding anything that we discuss, email us@infoichatmediation.com that's info iChat I C H a T mediation.com and stay tuned to hear your shoutout and have your question answered here on

Speaker 2:

The show for more information about my services or to schedule your mediation with me, either in person or using my iChat mediation virtual platform built by Cisco communications. Visit me online@imediatedinc.com . Call me at (561) 262-9121 toll free at 8 7 7 8 2 2 14 7 9 . Or email me M .