During a divorce, your tax status will stay the same until the divorce is finalized. The IRS determines your marital status for tax purposes based upon your marital status on December 31 of that tax year. For example, if your divorce is finalized on December 30 then you would file as single because you would no longer be married on December 31. However, if your divorce is still in progress on December 31, then you can file with your spouse as married or file as married filing separately.
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