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If you were no longer married at the end of the day on December 31th, you cannot file a joint return.

The other spouse should simply file a legitimate return for themselves and not worry about what their ex-spouse did. If you try to e-file, it will probably be rejected, but you should then file on paper.

The first step is to file your own return, nothing can be done until you do that. Of course, the IRS will notice the discrepancy at that point and send you a letter. Respond to the letter with the proper documentation showing that you were divorced and your spouse should not have filed a joint return. It will take some time to settle and your refund (if you are due one) will be delayed for months.

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Q: After a divorce a spouse filed the taxes as married filing jointly and kept more than 50 percent of the return. What are the options for the other spouse?
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