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If your divorce is not final, you are still married unless your state allows for a decree of separate maintenance. You will need to ask your attorney whether your current legal status meets the definition of a decree of separate maintenance.
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www.aarp.org/money/taxaide/taxcounseling/custom/taxaide...
www.aarp.org/money/taxaide/taxcounseling/custom/taxaide_scripts/taxcounseling/get_faqs_py?faq=5
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A decree of divorce or separate maintenance or a written instrument incident to that decree, ... If you are not legally separated under a decree of divorce or separate maintenance, a payment under a written separation agreement, support decree, or other court order may qualify as alimony even if you are members of the...
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www.irs.gov/publications/p17/ch18.html
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(C) in the case of an individual legally separated from his spouse under a decree of divorce or of separate maintenance, the payee spouse and the payor spouse are not members of the same household at the time such payment is made, and...
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www.law.cornell.edu/uscode/uscode26/usc_sec_26_00000071...
www.law.cornell.edu/uscode/uscode26/usc_sec_26_00000071----000-.html
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If the parties later decide to reconcile their marriage, the decree of separate maintenance is automatically extinguished. If the parties later decide to divorce, they will likely have many issues already resolved, making the divorce an easier process.
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www.buzzle.com/articles/georgia-separate-maintenance-ag...
www.buzzle.com/articles/georgia-separate-maintenance-agreements.html
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Generally, your marital status on the last day of the year determines your status for the entire year. ... If you are unmarried, or if you are legally separated from your spouse under a divorce or separate maintenance decree according to your state law, and you do not qualify for another filing status, your filing status...
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www.unclefed.com/Tax-Help/irs-tt/tc353.html
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Your filing status is single if, on the last day of the year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree, and you do not qualify for another filing status.
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www.unclefed.com/IRS-Forms/2000/HTML/p170202.html
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(1)a decree of divorce or separate maintenance or a written instrument incident thereto; ... c.This requirement applies only when the parties are legally separated under a decree of divorce or separate maintenance.
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www.divorcesource.com/PA/ARTICLES/pollock8.html
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A written instrument can consist of a divorce decree, a decree of separate maintenance, a written instrument that is incident to a divorce or separate maintenance decree, a written separation agreement, or any decree or court order that requires one spouse to make support payments to or on behalf of the other.
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www.lawyers.com/roshkindlaw/article.jsp?practArea=29&ar...
www.lawyers.com/roshkindlaw/article.jsp?practArea=29&articleIndex=4
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Excerpt: "This document contains proposed regulations relating to a claim that a child is a dependent by parents who are divorced, legally separated under a decree of separate maintenance, separated under a written separation agreement, or who live apart at all times during the last 6 months of the calendar year.
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benefitslink.com/links/20070502-052585.html
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