W2 question. My husband and I have separated but not legally yet. He's moved out and had his mail forwarded.

He owes me money. I asked for the right to keep whatever tax money we get back. I am not sure he will give me the w2's so I can get them done. Can I call his previous employers and request them..saying they were lost? Also what happens if he just decides to get them done and file married but separate? We have very little communication. I really NEED this money! Help! Thanks...

dont do it Bella. He will file married but seperate to keep the money from you..thre's nothing you can do about that other than fight for the money in court.
If you get his W2's and file before him, you would get the money, but you would also face the IRS once he contacts them on it. It is NOT worth the trouble or jail tim.

1. You have no legal entitlement to receive his W-2s. Don't even ask. I'd assume that he's already notified his job of his new address, that's where they'd send them anyway. And as his mail is being forwarded, he'd STILL get them. (Not withstanding the fact that it's way to early to request a duplicate W-2 since they haven't even been cut yet.)

2. Don't even think of filing a joint return without his consent and signature. To do so is tax fraud and THAT can land you in prison.

3. If he decides to file a separate return, that' the end of it. You'd have to file a separate return as well. (Contrary to what another poster has stated, he can ALWAYS file a separate return. You do NOT need to be legally separated to file separate returns and in fact a fair number of very happily married couples DO file separate returns for one reason or another.)

If you can get together long enough to prepare a proper joint return -- or do so through your respective attorneys -- you can designate that the refund be split between 2 bank deposits in any proportion that you can agree upon in advance.

Bella,

I too am going through a divorce, and once we legally seperated through lawyers and the court system THEN we were allowed to file married but seperate, UNTIL AND ONLY UNTIL THAT HAPPENS YOU BOTH ARE LEGALLY ENTILTED TO ANY MONEY OWED (1/ 2 EACH) AND IF HE WON'T GIVE YOU ANY TAX RECORDS YOU ARE ALSO ENTILTED TO THEM FROM THE IRS. BUT, additionally, if you owe money you both are equally obligated to 1/2 the payment. You don't have to go through his employer although you can, but don't have to make up a story. Until you are legally seperated THE YEAR EVEN IF IT IS 2007 THIS APPLIES FOR BOTH YEARS!!! GOOD LUCK AND GET A LAWYER...if he's already being that difficult, more bad things he could do and a good lawyer costs less than you think for saving your rear end from a mean and nasty EX !!!
Take Care Sweetie!

He has every legal right to file separately using his own w-2's
He has every right, legally, to keep all refunds. I doubt seriously that he will consent to file jointly. If you get other W-2
forms by telling the company that the originals were lost, you are setting yourself up for fraud. Sound mean? You betcha!
It is going to be best to take the lumps this year. Good luck on the divorce. I hope you finally get what you need.

Boston's answer is correct. You cannot forge his signature on a MFJ 1040.

I would add that if you have a child in the home and live apart from your husband for the last 6 months of 2007, you could file as Head of Household. That would be more favorable than MFS.

Now comes the good part. Make sure you protect yourself if he is playing games with his withholdings. Talk to the local IRS office about what is called the "innocent spouse" situation. My daughter had to do this due to her ex's financial shortcomings, or they would have kept HER part of the refund as well as his.

If you have children, it is time to bury the hatchet because you will not be entitled to the $1,000 each child care credit or earned income credit if you file separate returns. That is my free advice.

Each spouse has the absolute right to file a separate return. If he does not want to file jointly, that is how it will be even if he shoots himself in the foot in the process.

In a community property state you have to split the income for the period of time you lived together.