T
The Daily Insight

When should I change my tax filing status after divorce?

Author

James Craig

Published Apr 01, 2026

It’s the year when your divorce decree becomes final that you lose the option to file as married joint or married separate. In other words, your marital status as of December 31 of each year controls your filing status for that entire year.

Do I have to file taxes as divorced?

Filing as Head of Household if You’re Separated You’re not necessarily limited to filing a joint married or separate married return if the IRS says you’re still married, because you don’t have a final court order yet, nor must you absolutely file a single return if you’re technically divorced.

The alternative is to file as married filing separately. It’s the year when your divorce decree becomes final that you lose the option to file as married joint or married separate. In other words, your marital status as of December 31 of each year controls your filing status for that entire year.

When do you have to file a divorce in Massachusetts?

What is clear is that the letter of the law requires parties whose marital status remained “married” on December 31st of a given tax year to file as “married” for that tax year. About the Author: Jason V. Owens is a Massachusetts divorce lawyer and Massachusetts family law attorney for Lynch & Owens, located in Hingham, Massachusetts.

How much does it cost to get a divorce in Massachusetts?

There are some circumstances where a divorce may be completed for a flat fee but that only works in a few cases. In addition to attorney fees, there are filing fees. A divorce complaint costs $200 to file and in some jurisdictions, there is a $15 surcharge.

Can you get a bifurcation divorce in Massachusetts?

Unfortunately, bifurcation in Massachusetts is not allowed. All issues must be resolved and finalized before a divorce will be granted. Massachusetts law requires that in a divorce, both parties must provide the other with three years of records such as tax returns, bank statements, investment statements and other related materials.

What is not divisible in a divorce in Massachusetts?

Separate property is any anything owned by a spouse prior to the marriage and is not divisible in a divorce as long as it has not been commingled. There are several factors that Massachusetts courts consider when making an equitable distribution. Some of these include: