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So, as I jump to, thought I would post here for some of the best tax minds to opine.

Son went to H&R block to file his taxes. And got some advice!

He got divorced last year ~june - was definitely final by the end of the year. He and the tax professional filled out his forms and then was asked how his X had filed. When he said I don't know, the person said you have to find out. So he called her and she said she had filed married filing seperate??? Well, that was strange but when he told the H&R block person they said, well then you have to filed "married filing seperate"... Whiskey Tango FoxTrot.

I thought it was status on 12/31/XXXX???

Now if he goes and files Unmarried, which I told him he should, he is very nervous the IRS guys think like the H&R block winter intern.

What happens??

d(File as UR)/dT
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I can only think of two things.

1. The ex screwed up and should have filed as Single (or H of H if kids are involved).
2. Son is mistaken about the details of the divorce and the divorce is not yet final.

In either case, the skills of the H&R kid are suspect. If they're divorced, the filing status of the ex spouse is irrelevant. It only matters if they are married filing separately. And then only in the determination of itemized or standard deduction.

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The goal of a divorce is to separate yourself from the ex's mistakes. Providing that the divorce was final before 12/31, he isn't responsible for her mistakes. He choices are to file as single or if their is a qualifying child head of household. Since he is on speaking terms with his ex, he could ask why she filed as married. If it is a mistake, she still has time before April 15th to correct it.

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