I can't imagine how to make an impending divorce more contentious than asking the IRS to get involved. For the $8000 difference, I might be better off just claiming all the income. You really need to hire an advisor who knows Texas property law to help you on this. According to Pub 555 it may be possible to disregard the default community property treatment of earnings, but there are specific requirements. I don't think we have any Texas tax pros who frequent the board.PhilRule Your Retirement Home Fool
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