Do I have to file a joint tax return with my spouse?

Updated March 13, 2023.

No, in fact once you are divorced, you are not permitted to file jointly since you are no longer married. Prior to a divorce, however, it may be in the best interests of both of you to consider filing a joint return since you both might save money by doing so. You should consult an accountant to make this evaluation. Of course, filing a joint tax return with an estranged spouse can be difficult and requires a good degree of cooperation. It also requires an agreement as to how the refund (or obligation) will be shared between the two of you.


Read our latest news and blogs that discuss important legal issues.

Foam linked to cancer
Chemicals in Firefighting Foam Linked to Cancer
Read More
person writing with a pen on a table next to a calculator
Understanding New York State and Federal Estate Taxes: Be Aware of the Potential 2026 Cliff
Read More

Get in touch

Please do not provide any sensitive information (i.e. bank account information or social security number).

"*" indicates required fields

Why Choose Lacy Katzen

Our mission is to ethically serve our clients with excellence and teamwork each day.

Over 73 Years of Experience
Nine Attorneys Listed in Best Lawyers in America®
Ranked by Best Lawyers as a Best Law Firm®
Six Attorneys Named as Super Lawyers
One Attorney is a Fellow at the American College of Trial Lawyers

Accessibility Toolbar