Filing Joint Tax Returns During Divorce Litigation

Often during divorce litigation, it is financially prudent for the parties to file a joint tax return, as opposed to filing individual tax returns.  The Court may even compel the joint filing.  However, under certain circumstances, the Court may elect not to force a concerned spouse to file jointly.

If one spouse habitually underestimates his/her income, or otherwise has a history of filing inaccurate tax returns, the Court may recognize that it would be inequitable to force the “innocent” spouse to risk exposure to tax liability by filing with the other party.

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