Clients ask me this question a lot. The answer is easy; you can file them however benefits you the most. A married person NEVER has to file joint taxes. Anyone can file separately. The same goes while a divorce is pending. You can either file married filing separately, or married filing joint. The best thing to do is have your tax person run the return both ways and see which yields the best result as far as tax liability. If there is a concern that if you do get a tax refund, your spouse will not give your half to you, or if you are concerned that the other spouse will not cooperate in getting the tax documents together, then the best thing to do is file separately.
If you have any other questions regarding this subject, or would like to schedule a consultation regarding divorce or child custody matters, please contact Moore Law Group at (951) 463-5594.