Wife Overseas

[Corduroy Frog]

A high income taxpayer (pharmacist) married a woman from China (Peoples Republic).  She made frequent trips home and got caught in the pandemic in 2020-2021 and couldn't leave the country.  I filed joint return for the pharmacist based on a sworn statement that she was living with her parents and had no income in China.

Fast forward to 2023.  She has not returned and refuses to come home to her husband in Alabama.  He has begged her to return but she simply refuses and is never coming back.  For 2023 I filed Married filing Separate and it cost him a wheelbarrow full of money.

As of 12/31/24 she still refuses to come home, and says she will never come back to America.  The pharmacist will NOT diveroce her.

What filing status for the pharmacist.

 

[Lion EA]

No qualifying dependents for HOH, right? MFS is the default; MFJ is a choice that must be made by both. Will she sign a MFJ return? Sounds like your client is MFS. Unless AL has a legal separation, maybe based on abandonment. He can afford a lawyer to explore his legal options. But, you said he will NOT divorce her.

[mcbreck]

Does the client even want to declare as single or are you presuming? Is his wife a US citizen and filing returns in the USA?

 

My wife's ex-mother in law (they still talk all the time) has been legally separated from her husband for about 30 years. They talk 2x per day, see each other several times per week and she takes him to doctor appointments but they can't stand living together.

[Medlin Software, Dennis]

Your client has made his choice and will pay for it. Really, other than needing to know the spouse is not present to sign and is never coming back, it is not something I would be concerned with. Your client has made his choice, any cost is not your concern.

[Corduroy Frog]

Thanks to all respondents.  Sounds like most of you agree with me ---  MFS.  If he wants relief he needs to get a divorce.

[TexTaxToo]

Have you checked to see how much would be saved by divorcing and filing as Single?  The tax brackets are the same up to $365k  ($292k for capital gains). 

If there are no credits involved, the difference may not be that much.  The big difference is between MFS/S and MFJ.

 

 

[Max W]

In Alabama, and abandoned spouse can file for a divorce.   Client should see a family law attorney.

[Corduroy Frog]

He will not file for a divorce.  I've been telling him this for 2-3 years.

This is his second wife from China.  The first Chinese wife divorced him after he was injured big time in a motorcycle accident.

Go figure......his tax preparer should avoid getting sucked in to his personal oddities.

[schirallicpa]

Why wouldn't he want a divorce - that's nuts.  Pay the government tons of tax because of pride?  He could also get an annulment, right? And amend past returns.  

[Lee B]

On 1/11/2025 at 7:20 AM, TexTaxToo said:

Have you checked to see how much would be saved by divorcing and filing as Single?  The tax brackets are the same up to $365k  ($292k for capital gains). 

If there are no credits involved, the difference may not be that much.  

 

 

I agree with TexTaxToo

[DANRVAN]

On 1/11/2025 at 2:29 PM, Max W said:

Client should see a family law attorney.

And he should be concerned about what rights she might have to his assets / estate.

[Corduroy Frog]

Yes a divorce is needed but he won't do it.

The tax preparer can't fix stupid.  It's all I can do to fix myself.

[schirallicpa]

I had a family friend/client for years that I believed to be single.  We were close.  My kids called him uncle Ronny.  Only upon his death did I find out that he was married.