Really, be cautious, and if you have a lawyer, consult with them before calling. I had the paperwork all drawn up, very very clear (I thought) for last year's tax return, and the weasel found a way to cut me right out of the benefit and take it all for himself. Beware the loophole that says "any joint return" -- that's where he found that if he filed head of household or married/separate, all the money would come to him. Oh, and did it ever. I never saw, nor shall I see, one thin dime.

Hmmm. In my case it was actually my attorney that suggested a joint return. Probably because he took such a loss on his business last year. I'll proceed with caution. Thanks for the heads up.

I don't HAVE to file jointly, but it may be beneficial for both of us if we did. He had started a business that took a loss, so I'm pretty positive it would be better for me. I'll take a financial break anyway I can get it.

I have told The Flea I am filing separated They told me that as long as it was for my benefit, I could just do it. I called several Tax places and asked. I told them my situation and they told me if I did not want to file with him I did not have to. So now I am filing alone with my two kids, mediation papers my son lives with me, I don't think he liked that.