It’s sort of like being pregnant - one is either married or not married.
Ah, I see. Alimony, or spousal support, rules could also change. the husband makes close to 100K a year, and he will not pay for college, and thus getting a divorce will justify her need for help. 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. 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. It doesn't matter that they file taxes together.
,@mom2collegekids Thank you for the quick reply.
,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? This table is only an overview of the rules. [quote] Use of our products and services are governed by our Though filing jointly usually gets you a bigger refund or a lower tax bill (and most married … I wanted to put some properties that acquired separately through a LLC into a trust with a friend as the … Can I get divorce fast for Well I am still married, but my spouse left me about 10 years … You and your spouse may remain legally separated for the rest of your life if you both choose to do so. If the father is giving some money to the family, for instance and if the mother insists she files her on taxes to get some credits, he could just stop giving the money. • Legally separated from your spouse under a divorce or separate maintenance decree. Therefore, a legal separation … Because the mother knows she can't afford college, she is in the process of getting a divorce,
That is a bit of a non sequitur. The morther does not qualify for financial assistance because of her filling married.
,So is there any consesus on what is the right thing to do. If you are married by IRS standards, You can only choose "married filing jointly" or "married … Shelley Terry. Are you sure that's all the money that is received?
,Maybe the mother is on public assistance? For example, if an estranged spouse in this situation gets into financial troubles, it could affect the other person. Need is based on the ability to pay (on the school's criteria of “ability”) not on the desire to pay. And the law on these types of things vary by state. 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.. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. But other than that the 900 dollars is all that is recieved. Although you can choose separation for an indefinite period, you should understand how the length of time can impact you. However, long separation will greatly depend on the circumstances. I have revieved various answers, i just want to be sure about this. He was married but separated for 17 years; he never got a divorce. Finally, your spouse could move to a different state with less favorable divorce laws, ultimately impacting the financial wellness of you alone, or both of you. Married for 73 years but separated by COVID-19, husband dies alone By SHELLEY TERRY [email protected]. Even if you are separated from your spouse for 10 years, it is not a sufficient ground for annulment. 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 … Get the right guidance with an attorney by your side. But, generally, they can change their minds and switch from two separate returns to a single joint return within three years … And if they happen to have any joint bank accounts, these would be assets.
,But this student should be able to DOCUMENT and document well, the separation, and exactly how the family is living on $900 a month. Divorce may or may not be the right choice for you. In Virginia, for example, it is six months.
,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. Attorneys with you, every step of the way. Not saying that she is, but something worth considering.
,If the mother has no income, she can't file an income tax return. What Happens if You Are Separated for 14 Years but Never Got Legally Divorced? ... Because you're still legally married, the law protects the separated … Sorry, doesn’t work that way.
,Also, the state of marriage and filing tax returns are completely non-related. I don’t follow the logic of “can’t afford college” = “getting a divorce.”
, The question is will she be able to receive any financial aid from FAFSA or HESAA, despite still being married by law, and not filling taxes as separated,You and your friend are mixing apples and pomegranates. Who would be next … Please. Do the FAFSA using the estimated income she will include on the taxes (child support plus any other income). Married couples should decide whether to file jointly or separately when they prepare their original tax return for the year. You must make the filing status selection even before you decide whether or not you will file a return because income filing requirements are tied directly to filing a taxpayer's filing status. First, your lender is going to require your legal separation … Thank you so much.
. The parents are SEPARATED. And because deadlines for colleges are getting closer and closer, its been rough on her.,The question is will she be able to receive any financial aid from FAFSA or HESAA, despite still being married by law, and not filling taxes as separated? Studies indicate that the overwhelming majority of married couples who legally separate get divorced within 3 years of their separation. Thank you for subscribing to our newsletter! If you were married as of December 31 of the tax year, you and your spouse can choose whether to file separate tax returns or whether to file a joint tax return together. Hi :I am legally married but been separated for over 10 years now . However, understanding the legal impact of separation versus a divorce could save you time and money down the road. 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. 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 … Remaining legally married can also impact what happens to your assets upon your death. On the other hand, roughly 15% remain separated indefinitely, many for ten years … Married Filing Separately Tax Filing Status.
,Getting divorced will NOT increase this student's chances of getting need based financial aid. Additionally, your state divorce laws could change, negatively impacting your right to spend time with your children or impact child support paid. On the other hand her mom is unemployed and received child support. However …
,Most / All /Some colleges base their financial aid formulas on both parents contributing, whether they are married, divorced, separated, etc.
,But nonetheless, you guys are awesome! Additionally, one spouse may not have access to specific assets, leaving them in a financial hard spot. Separation of properties during your marriage … I'm legally married, but I have been separated for 10 years (but not legally separated.) The hospital say I cant make any decisions for him since we was separated … 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. I know HESAA, does a lot of verification, so should she still apply for FAFSA and HESAA despite the divorce not gone through yet? After multiple years of separation, you may lose track of your spouse, or you may not communicate with them anymore. (all times CT). 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, as I’m learning, can even vary on interpretation by each individual judge within a county. Even then, sometimes the best way to do things for a tax advantage may be trumped by other considerations. Married is married. For example, one spouse may take a different job that pays less, affecting any potential divorce settlement. However, in some states, a couple can be considered legally separated even if they still live together. One spouse may hide specific assets since the other spouse isn't around to monitor common property and money. "
,This is language from the UC Davis fin aid site, but I've seen the identical language used by other schools as well. My father just died. Ms. Van Cauwenberghe says her firm sees people who have been separated for years, if not decades, who never divorce. If you divorce, you each become “single" for purposes of state divorce laws. The petitioner is allowed to remarry if the court provides a declaration of presumptive death of the absent spouse. It doesnt matter HOW the parents file their return for FAFSA purposes. A nonlegal separation occurs when the couple decides to live apart. If, on the other hand, a couple has been separated for quite a while, have made multiple attempts to reconnect and failed, the partners may have come to the conclusion that divorce is … For schools,that so not require the dad's information, it isn't required anyway because they are separated. (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)
,The mother should not allow the father to file taxes as married this year. In some states, such as South Carolina, parties must be separated for a year before they can obtain a no-fault divorce. 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. So the duration of spousal support isn't as long as it would be for a couple in married 10 years … (Mine did not.) 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. In this case, the applicant would report the information on the parent that provided the majority of the student's financial support. Standard live chat hours apply (10:00 a.m. to 10:00 p.m. Mon.-Fri; 9:00 a.m. to 5:00 p.m. Sat.-Sun.
,Because the mother knows she can't afford college, she is in the process of getting a divorce. Glad to get confirmation!
,it sounds like the "child support" isn't just child support but her support as well. FAFSA requires ONLY the custodial parent information...but this would include any child or spousal support the family receives from the father.
,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. For FAFSA purposes, these parents are separated and only the custodial parent information, including any child or spousal support would be listed. 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 … Doesn’t matter if the couple live together, live apart, love each other or hate each other. If the partners live together, they can't be considered informally separated. No mortgage is payed at all. [quote] There is a change to this for this new 2014 FAFSA in that if parents are living together then whether married or not, both have to include financial info. But what happens if your separation lasts for 14 years, and you never got legally divorced? There have been kids who have posted here who are kind of stuck with unfavorable filing arrangments but if they want a parent to fill out a FAFSA or give out the info to do so, they have to play ball.
,The only issues there may be where taxes are concerned is IF the student is verified and IF at that time the aid officer determines that the filing was incorrect. He usually pays the remaining of the bills. If the couple's state allows legally separated couples to live together, and they are legally separated, then they are considered separated for purposes of the FAFSA. Author email; Dec 10, 2020 Dec 10, 2020; Betty and Earl Colby, …
SO on behalf of a friend, this is her situation.
,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. If the father refuses to contribute, that is his decision. © LegalZoom.com, Inc. All rights reserved. Further, the court does not establish rights for either spouse, such as child or spousal support. Initially, she went to a lawyer to pay for her half of the divorce, but her … At that point, the family will be informed that they must file amended returns & provide proof of the filings in order for the verification to be completed (meaning if it isn't done, there will be no aid). The couple may consider themselves informally separated when one of the partners has left the household for an indefinite period of time. This has been covered in many threads here.
," A couple doesn't have to be legally separated in order to be considered separated for purposes of the FAFSA. Likewise, you’re considered unmarried for the whole year if the court issued your divorce decree on Dec. 31, so you can’t file a married … We are not a law firm, or a substitute for an attorney or law firm. Overview of the Rules for Claiming a Dependent. However, the court does not dissolve the marriage as it does so in a divorce.
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