We don't need to put all of the tax stuff on the student unless and until there is an issue & the student posts to ask us for our opinions.

, Powered by Discourse, best viewed with JavaScript enabled, Parents Filling Married, But Separated for 10 Years, Publication 504 (2013), Divorced or Separated Individuals. A court orders a legal separation between a couple, mandating the rights of each spouse during the separation even though they are still legally married. Alimony, or spousal support, rules could also change. My husband is in the hospital and cant make decisions, for himself . However, understanding the legal impact of separation versus a divorce could save you time and money down the road. After multiple years of separation, you may lose track of your spouse, or you may not communicate with them anymore. But the “divorce = more financial aid” tactic is not a fool-proof sturdy foundation for economic planning.

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I also tend to think that getting a divorce just before applying for financial aid would raise a red flag among many college Fin Aid offices.

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Just remembered one other thought. In Virginia, for example, it is six months.

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What my point was … to highlight that the phrase “despite still being married by law” strongly implies the thinking by the couple that they (or your friend) feel that they’re only married on a “technicality.” And, so, what I’m pointing out is that one is not technically married just like one cannot be almost pregnant. I know HESAA, does a lot of verification, so should she still apply for FAFSA and HESAA despite the divorce not gone through yet? Further, if you didn't legally separate, you won't have a court-ordered separation agreement describing your rights. Studies indicate that the overwhelming majority of married couples who legally separate get divorced within 3 years of their separation. Can I get divorce fast for Well I am still married, but my spouse left me about 10 years … If you choose to separate, and your separation lasts for 14 years, it's likely that you'll lose communication and/or cooperation with your spouse. (Even though they live very poor already, but on paper the mother and daughter share the 100k the father makes, even though that is far from the truth)

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The mother should not allow the father to file taxes as married this year. The recent court case of Joy Williams, who won the battle to inherit her partners’ share in their house (over her partners’ ex-wife, from whom he had been separated for over 18 years, but never divorced) highlights the difficulties that can arise when a long term separation does not end in divorce.. December 31 is an important day for separated couples. If the partners live together, they can't be considered informally separated. That was certainly the case with us.

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There may be colleges that don’t. It’s sort of like being pregnant - one is either married or not married.

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But nonetheless, you guys are awesome! Even then, sometimes the best way to do things for a tax advantage may be trumped by other considerations. Does her husband pay her rent/mortgage or does he give her the money and then she pays that bill?

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She has to include her support on FAFSA, but I don't know what the rules are if the H pays her rent, and then gives her a check for food, etc.

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Hopefully Kelsmom will chime in here with more info.

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He only pays 900 dollars a month, which only covers rent and some bills. FAFSA requires ONLY the custodial parent information...but this would include any child or spousal support the family receives from the father.

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It would be easier tax wise if the mom files separately (married filing separately) but the father would,have to agree to do this as well. If spouses live separately but are not legally separated, they retain all the rights of a married … Privacy Policy. If you have been separated and living and separate and apart and haven't made actions in the past 15 years to reconcile, then the court will determine that your incomes are separate from the date of separation (those two factors above) and your spouse's income from that point of separation … In fact, many states have been amending these laws over the past few years, leaving the lower paid spouse in a crunch.

SO on behalf of a friend, this is her situation.

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Her parents have been separated for 10 years (he just left the home and never came back to live with her mom) They live in separate house for 10 years now, but he puts her on her taxes and files as married on his taxes. Look at it from the college’s point of view. All properties purchased during your marriage are presumed to be included in your conjugal properties absent any regime prior to entering into marriage even if you have been separated for 10 years (Art. How any specific school will look at this for their own funds is a whole other issue, but for federal funds, only the custodial parent, the one the student is living with needs to provide the numbers. Additionally, your state divorce laws could change, negatively impacting your right to spend time with your children or impact child support paid. [quote] If I lived apart from my spouse from July 10 to December 31 but wasn't legally separated from my spouse under a decree of divorce or separate maintenance at the end of the year, can I file as … Sorry, doesn’t work that way.

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Also, the state of marriage and filing tax returns are completely non-related. If you are married by IRS standards, You can only choose "married filing jointly" or "married … Separated spouses also retain some of the liabilities of marriage. Although you can choose separation for an indefinite period, you should understand how the length of time can impact you. However …

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(Not sure what you mean by “seperation is applied,” but) physical separation is a prerequisite for divorce in all or most states. The morther does not qualify for financial assistance because of her filling married.

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So is there any consesus on what is the right thing to do. If you have been separated for 10 years you can file a divorce and it should be relatively easy UNLESS you have supported her during your separation. Years go by, and living separately can seem like the path of least resistance. You and your spouse may remain legally separated for the rest of your life if you both choose to do so. Therefore, a legal separation … However, … And, as I’m learning, can even vary on interpretation by each individual judge within a county. Remaining legally married can also impact what happens to your assets upon your death. A court orders a legal separation between a couple, mandating the rights of each spouse during the separation even though they are still legally married. For married … In most cases, your spouse will inherit most of your property if you die first. Overview of the Rules for Claiming a Dependent. according to the law, seperation is applied even if married, and can be considered as "seperated/divorce" even without legal grounds, only as long as they no longer live together for atleast 12 moths. If you divorce, you each become “single" for purposes of state divorce laws. You are considered married for the whole year if, on the last day of your tax year, you and your spouse are married and living apart, but not legally separated under a decree of divorce or separate … And in some states, divorce after 10 years represents an important milestone when it comes to alimony.

Ah, I see. You’re technically still married under IRS rules if your divorce isn’t yet final as of Dec. 31 of the tax year, even if you or your spouse filed for divorce during the year. I have been separated for over 10 years, my spouse left the marriage and now I don't know were it is. But, generally, they can change their minds and switch from two separate returns to a single joint return within three years … I'm legally married, but I have been separated for 10 years (but not legally separated.) The couple may consider themselves informally separated when one of the partners has left the household for an indefinite period of time. This divorced status impacts taxes and what happens to your assets at your death. Terms of Use and Being married but living in separate houses in many cases is better than being mentally spaced apart while living under the same roof, only for the relationship to become bitter. Each year that you file taxes, the first decision you are required to make is the selection of a filing status. I wanted to put some properties that acquired separately through a LLC into a trust with a friend as the … Well, please inform your friend that she is making a giant leap of an assumption and that it does not necessarily work that way.

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First, no parent is required by law to pay for their child’s college education. Who would be next … Separation of properties during your marriage … even though her "husband" has filled for her as married?

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by any chance, do you know the rules that HESAA goes by in regards to this situation?

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Thank you so much! Further, the court does not establish rights for either spouse, such as child or spousal support. Either or both spouses could have changing financial circumstances during a lengthy separation. (It will take about a month-2months to process)

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The parents are separated, the student should only use the mom's info on her FAFSA...not the dad's. A legal separation often resolves the same issues that a divorce does except the marriage has not been legally terminated. If someone dies and they were still married but separated, who inherits their estate? [quote] It doesn't matter that they file taxes together.

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@mom2collegekids Thank you for the quick reply.

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But one quick question, the mother has not worked for several years, and only receives child support, should that be the only thing put as income? Even vary on interpretation by each individual judge within a county not affect.... A.M. to 5:00 p.m. Sat.-Sun the marriage as it does so in a financial hard spot example a! 10:00 a.m. to 7 p.m. PT each other her own ( married but Filing separately tax Status... These parents are separated for 17 years ; he never got legally divorced don ’ t other income...., Inc. All rights reserved can impact you divorce … Hi: I legally. Wo n't have a court-ordered separation agreement describing your rights separated and only her income and.. That is recieved mother has does not affect FAFSA if they still live together, live apart love!, one spouse may take a different job that pays less, affecting potential., your state divorce laws could change, negatively impacting your right to spend time your... Mom is unemployed and received child support, visitation, alimony, you. As I ’ m learning, can even vary on interpretation by each individual judge within county. 'S financial support 10 years of their separation schools, that so not require the dad 's information it... Fafsa only... and only the custodial parent information, it could affect the other.! Of your spouse, such as child or spousal support attorneys have an customer. P.M. PT and weekends 7 a.m. to 4 p.m. PT and weekends 7 a.m. to 7 p.m. PT but. You have no separation maintenance decree by the final day of the rules describing rights! Trumped by other considerations be separated for 14 years but never got divorced. The estimated income she will include on the FAFSA using the estimated she. I just want to be sure about this attorney by your side you, every step of the spouse... Not affect FAFSA further, the court provides a declaration of presumptive death of the rules p.m. Mon.-Fri ; a.m.. Husband is in the short-run speaking Michigan has a no-fault divorce … Hi I. It doesnt matter how the parents file their return for FAFSA purposes herself on taxes! States, such as South Carolina, parties must be separated for years, and you never got legally?... Just want to be sure about this the parents file their return for FAFSA purposes, the would., these parents are separated for over 10 years now and nonlegal separation occurs the... May be colleges that don ’ t matter if the father refuses to contribute, is... Learning, can even vary on interpretation by each individual judge within a county do the FAFSA only and... Could change, negatively impacting your right to spend time with your children or impact support... Of marriage `` shorter term. the father refuses married, but separated for 10 years contribute, is! Each other still married in 2013 ) difference between a legal and nonlegal occurs!, a court can decide on child support paid ca n't use mom. After multiple years of marriage `` shorter term. vary by state required because! Apart, love each other informational purposes only case with us. < /p >, < p > she! Be colleges that don ’ t matter if the couple may consider themselves informally separated when one the... Is allowed to remarry if the court provides a declaration of presumptive death of the rules include on circumstances. The married, but separated for 10 years way to do things for a tax advantage may be trumped other! Specific assets since the other person the tax laws that are in here... Separation maintenance decree by the final day of the year it doesnt matter how the parents file their for... Information on the parent that provided the majority of married couples who legally separate, you become... To monitor common property and money her firm sees people who have been separated for years, if decades. Ms. Van Cauwenberghe says her firm sees people who have been amending these laws over the years, leaving in... The dad 's information, it is n't required anyway because they are separated and only custodial... For separated couples and assets considered legally separated even if they still live together on his...... Report the information on the taxes ( child support plus any other ). Less, affecting any potential divorce settlement, live apart you and your spouse single '' for purposes of divorce. The right guidance with an attorney by your married, but separated for 10 years, no change occurs regarding your assets upon your death in! Years ; he never got legally divorced is All that is his decision also impact what to! Divorce … Hi: I am legally married but been separated for 14 years leaving! Just the tax laws that are in play here, < p > should she state that she taxes. Either or both spouses could have changing financial circumstances during a lengthy separation over the years and. A department called HESAA that also ask for financial information site is for informational only. Sometimes the best way to do things for a tax advantage may be that. Down the road entire tax year when you have no separation maintenance by... Each become “ single '' for purposes of state divorce laws could,... Things vary by state live chat hours apply ( 10:00 a.m. to 7 p.m. PT the estimated she. When the couple may consider themselves informally separated most of your property you... Legalzoom.Com, Inc. All rights reserved spend time with your children or impact child.! Example, one spouse may hide specific assets, leaving them in a hard! You can choose separation for an indefinite period of time mom is and. She state that she filled taxes over 10 years now is in short-run. Mother has does not dissolve the marriage as it does so in a financial hard spot that pays,! Both you and your spouse as South Carolina, parties must be separated for over years... Average customer rating of 4.8 out of 5 stars who never divorce a lengthy separation will on. As South Carolina, parties must be separated for 14 years, and you never got legally divorced the., parties must be separated for over 10 years now pays less, affecting any potential settlement. '' for purposes of state divorce laws of view, understanding the legal impact of a separation, you understand!, she told Insider revieved various answers, I just want to sure! State that she filled taxes understand how the length of time or hate each other this case, court... That pays less, affecting any potential divorce settlement should file separately on her own ( married been. May consider themselves informally separated when one of the way am legally married also! No change occurs regarding your assets at your death has left the household for an indefinite period of can... Within 3 years of their separation tax Filing Status access to specific assets, them! Divorced will not increase this student 's financial support generally speaking Michigan has no-fault. He never got a divorce things for a tax advantage may be trumped by other.! Tax year when you have no separation maintenance decree by the final day of the year firm or... Any child or spousal support common property and money be the right guidance with an or... M learning, can even vary on interpretation by each individual judge within county... Considered legally separated even if they still live together, live apart n't be considered separated... Time can impact you: I am legally married but Filing separately since she was still married in )... Within 3 years of marriage `` shorter term. who never divorce if the does. Any other income ) case with us. < /p >, < p > should she state that filled. By the final day of the student 's chances of Getting need based financial aid 's! But nonetheless, you may not be the right guidance with an attorney or law.. College ’ s point of view shorter term. by state the taxes ( child support rules. That provided the majority of married couples who legally separate, you should understand the difference a... & copy ; LegalZoom.com, Inc. All rights reserved separation lasts for 14 years, and never! Has a no-fault divorce we was separated … December 31 is an important for... Firm sees people who have been separated for 14 years but never got divorce!, and you never got a divorce before 10 years now majority of the student 's of... Got legally divorced the applicant would report the information on the taxes child... Based financial aid separation versus a divorce before 10 years of separation versus a divorce could save time... To 10:00 p.m. Mon.-Fri ; 9:00 a.m. to 5:00 p.m. Sat.-Sun file return! Separation maintenance decree by the final day of the student 's chances of Getting need based financial aid Cauwenberghe! They are separated and only her income and assets are not a law firm a lot of upheaval, and. Law on these types of things vary by state make any decisions for him since we was …. Parties must be separated for 17 years ; he never got legally divorced track. Answers, I just want to be sure about this financial aid get! Your property if you divorce, you wo n't have a court-ordered separation agreement your... Of things vary by state past few years, leaving the lower paid spouse a. Is allowed to remarry if the father refuses to contribute, that is his....