Question:

Is it legal for my ex-wife to still file her taxes under my last name?

We have been divorced for several years, yet she continues to use my last name on her tax filings.

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Illinois divorce laws where I am licensed to practice.

If your wife has not changed her last name, then your surname is still her legal last name, and she would file her taxes using this name. The tax filings are done by Social Security Number, so there should be no confusion even if she is incorrectly using your last name. 

The important issue is not the name that she is using, but her filing status. If she is still filing as married to you, this is an improper filing status. 

If that is the case, you may want to talk to a tax professional to discuss how this might affect your tax filing. 

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

Note: This information is general in nature and should not be construed as tax advice. You should work with your attorney or tax professional to determine the tax advantages that will work best for your situation.

To schedule an appointment with a Cordell & Cordell mens divorce attorney, including Belleville Divorce Lawyer Erin Brockhoff, please contact Cordell & Cordell.