Best Divorce Lawyers
Q.My wife and I are going through a difficult time, which may end in divorce. Right now we are living apart (9 months), but are neither divorced nor separated. She does not work, so I provide her with money. This is NOT under a separation agreement. Anyway, she wants to file separately. This will cost us ("me", to her) quite a bit of additional taxes. Is there any way that I can file jointly, if she refuses to sign a joint return? Assuming that I can't, is there any simple rule for allocating investment income when filing separately? We set up some mutual funds in her name, with me as Joint Tenant. Can these just be treated as her income, or do they need to be shared in some way? The IRS said it depended on state law, and I despair of getting useful information out of NYS. Should I get a lawyer? I've always done my own taxes.
A.Let's begin with "You should have gotten an attorney NINE MONTHS AGO!!" Attorney jokes may be funny, but the court orders they get for you provide a level of betterment you will appreciate years later!! Based on your description of the situation, she is at a minimum your dependent, but in the absence of a court order, they are not deductible by you and they are not taxable to her. Read: Nice guys finish last only when they don't have a competent attorney covering their back. You can get an extension to August 15th. My advice is to file for that extension paying your maximum tax obligation now. THEN run, don't walk, to the best divorce lawyer you can find, and pray he/she can make a difference!!! If anyone knows how to force a woman to do something, I'd really appreciate being let in on the secret.
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