Can I File Single After Filing Jointly?

Married Filing Jointly

If you were married, you probably filed your taxes jointly with your spouse. This means you used income information for both of you on your tax return and probably took advantage of the many tax credits available to married filing jointly taxpayers, including child care credit, child tax credit, a higher standard deduction and higher retirement contribution credit.

To file as single, you must be considered legally unmarried, separated, divorced or widowed by the last day of the tax year. You will only use your income and deduction information to file your tax return with the IRS. Your previous marital status does not affect your ability to file as single, as long as you have a legal decree of separation or divorce. In fact, the IRS considers you single for the entire tax year in which you received your decree of separation or divorce.

If you are not legally separated but are nonetheless separated from your spouse, you may do your taxes as married filing separately. You will not be able to claim a majority of the tax credits and deductions you could have had if you filed married jointly, but filing separately means that you are not liable for anything on your spouse's tax return.

Before filing your taxes, if you are newly single or separated, consult a tax professional to make sure all of your paperwork is in order. A professional can ensure you are filing not only appropriately but to your advantage. Filing your return incorrectly or claiming a credit for which you do not qualify, even due to an honest mistake, can cost you an audit or even thousands of dollars later.