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Recommendations: 2
There is a special tax form I read about that would help one spouse from being responsible for the taxes on the others 401K. Does anyone know what it might be. My spouse cashed in his 401K and no taxes were taken out of it. He has now spent the money he had set aside for the taxes & I don't want to be held responsible for them come time for filing...
Strictly tax answer: File your own return married, filing separately. You are not required to file a joint return with your spouse, and if you don't file a joint return, you're not responsible for your spouse's liability.
Lots of other things to consider, among them:
1. If you live in a community property state, all bets are off.
2. I'm not being nosy, but what's the state of your marriage? If you plan on staying married, I don't see how you avoid financial problems just by not being liable for your spouse's taxes.
3. Marital relations. Speaks for itself.
TMF ExRO Phil Marti
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