Full question:
My wife and I live in North Carolina. We are legally separated however we wish to get back together. Do we have to file some other form to reverse the separation agreement? Can we file our tax return jointly if we are back together before the tax deadline? If we get back together and it doesn't work out does the original separation agreement still stand and only the waiting period starts again?
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: North Carolina
Answer:
In North Carolina, reconciliation means resuming marital relations and renewing your commitment as husband and wife. This can be judged by the overall circumstances. Simply having isolated incidents of sexual intercourse does not qualify as reconciliation. However, if you and your spouse publicly present yourselves as a couple, reconciliation may be recognized.
If you reconcile, the one-year separation period required for divorce will restart. The terms of your separation agreement may also be affected, potentially voiding it in part or entirely, depending on its language. Additionally, the date of separation will change, which could impact the value of your estate, especially regarding volatile retirement accounts.
Your tax filing status depends on your marital status on the last day of the tax year. If you are married, you can file either jointly or separately. According to the IRS, you are considered married for the entire year if you meet any of these conditions: you are living together as husband and wife, you have a common law marriage recognized in your state, you are married but living apart without a legal separation decree, or you are separated under an interlocutory decree of divorce. If you reconcile before the tax deadline, you can file jointly.
It is advisable to consult with a local tax professional regarding your specific situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.