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Choose the right filing status after marriage or divorce

Choose the right filing status after marriage or divorce

07/31/2025
Bruno Anderson
Choose the right filing status after marriage or divorce

Navigating tax status transitions after marriage or divorce can seem daunting, but informed choices can lead to significant savings and peace of mind.

Why Filing Status Matters

Your filing status determines your tax rates, the size of your standard deduction amount and your eligibility for key credits. It even dictates which tax forms you must use and how you report income and deductions.

Importantly, your status is locked in based on your marital situation as of December 31. Whether you married early in the year or finalized a divorce on New Year’s Eve, that status applies to your entire tax return for the year.

The Five Filing Statuses

The IRS recognizes five distinct statuses. Choose the one that fits your circumstances to optimize deductions and credits.

  • Single: Unmarried, legally separated, or divorced by year-end who don’t qualify for another status.
  • Married Filing Jointly: Couples combine income and deductions on a single return, often resulting in lower overall tax.
  • Married Filing Separately: Each spouse reports only their own income and deductions; may be chosen for privacy or special circumstances.
  • Head of Household: Unmarried individuals who pay over half the cost of home upkeep for a qualifying dependent.
  • Qualifying Surviving Spouse: Widows or widowers with a dependent child, available for up to two years after spouse’s death.

After Marriage: Choosing Your Status

If you are legally married on December 31, you have two paths: Married Filing Jointly or Married Filing Separately. Most couples opt to file jointly because combining incomes often lowers your overall tax liability and increases your standard deduction.

However, filing separately can make sense if one spouse has complex tax issues, substantial medical expenses, or concerns about liability for the other’s tax return. Couples in community property states must also follow unique rules for splitting income and deductions.

After Divorce or Separation

Your marital status at year-end dictates your options. If your divorce or legal separation is finalized by December 31, you cannot file as married—even if you shared a home for part of the year. If your dissolution is not complete by year-end, you must file as married.

Once divorced, you may file as Single or, if you meet all criteria—such as supporting a qualifying dependent and paying more than half the home expenses—you can file as Head of Household. If you remarry before year-end, you file as married with your new spouse.

Special Situations

  • Qualifying Surviving Spouse: Available for two years after a spouse’s death if you support a child at home.
  • Dependents and Credits: Who claims the child affects eligibility for the Child Tax Credit and Earned Income Tax Credit.
  • Alimony and Child Support: Alimony paid under pre-2019 orders is deductible by the payer; child support is never deductible.
  • Property Settlements: Transfers in divorce are generally non-taxable, and the recipient inherits the original tax basis.

Name, Social Security, and Withholdings

After a name change due to marriage or divorce, notify the Social Security Administration to ensure your tax records match. Failing to update your name or Social Security number can delay processing and refunds.

Additionally, review and submit a new Form W-4 to your employer to adjust your federal tax withholding. Changes in filing status and number of dependents can significantly alter the amount withheld from each paycheck.

Key Numbers for Tax Year 2024

State-Level Variations

While most states mirror federal filing statuses, exceptions exist. For example, in some jurisdictions a nonresident spouse may require a separate state filing, even when a joint federal return was filed. Always verify state rules to avoid surprises.

Record-Keeping and Documentation

Maintain copies of marriage certificates, divorce decrees, and any legal name-change documents. Keep detailed records of home expenses, dependent residency, and support payments to substantiate claims for Head of Household or specific credits.

Tools and Additional Help

The IRS Interactive Tax Assistant can guide you through determining your correct status. For complex situations—community property rules, mixed residency, or disputes over dependents—consult a qualified tax professional to ensure compliance and maximize benefits.

Bruno Anderson

About the Author: Bruno Anderson

Bruno Anderson