Married, but wife not cooperating

[NewMexico]

Husband and wife married, but separated. I prepared return as MFJ and sent return to her to review and sign...as of today, she has not signed. If she doesn't sign the return, is it safe to assume she is in effect not agreeing to file as MFJ ?

I would then change to MFS and file the return with the willing husband?

Any problems with this, except the tax bill will be higher for the husband?

[Snaggletooth]

Land of Entrapment

...sounds very much like it, anyway. Their marriage might be in jeopardy or it might not. But whatever the case, the unwilling spouse is adding perhaps thousands of dollars in tax liability.

If either spouse is unwilling to file a joint return, nothing else matters. A separate return must be filed. You obviously had the incomes and deductions for both parties when you prepared a joint return, right? When you delivered the return to your client, your responsibility ended as far as becoming an accommodating party to their election.

The problem of getting a joint return signed is your client's -- not yours, regardless of how much you would like to help. If he comes back and desires for you to prepare a MFS return for him, then you are free to do so.

When I'm confronted with a MFS situation, I do a separate calculation to inform one (or both) spouse how much their unwillingness is going to cost. Sometimes it runs into several thousand dollars and even the most hostile of spouses will become agreeable to avoid a waste of tax money.

[George Boutwell]

Now you tell me

I didn't know there was a law that wives have to cooperate.

I wish someone had told my ex.

[Oxtrainer]

Wife not Cooperating

This is not uncommon, several times each year. Sometimes the taxpayer does
not know where the spouse is or thier SSN. Most times when the amount of refund
explained they will agree to file joint but if the one claiming HOH is coming out well
they won't change. In any event if taxpayer is not able to claim HOH then MFS is
only option.