Ex Does not Always Have to Agree to Joint Tax Return

A divorced couple was not able to effectively communicate anymore. The woman, shortly before their divorce, asked her husband if he would agree to be jointly taxed. Joint tax declarations are only possible for married couples. However, in the year of separation, the law exceptionally for the last time allows you to declare your taxes jointly. The husband refused. Only after receiving the assessment did he learn he fooled himself with his stubbornness. She received a tax reimbursement of EUR 3,500 and he had to pay EUR 7,000 on taxes. If they had jointly declared their taxes, they might have not had to pay anything at all.

He then demanded his ex-wife to apply for joint taxation for that last joint tax year. This time she refused. He sued her in court that she agree. The judges of OLG Frankfurt (re 19 W 52/05) gave him a brush off. They ruled that a joint assessment could not always be demanded. Especially, in this case, since the husband was offered to collaborate and he refused.


When elaborating a divorce, it usually makes sense to work one very last time together and declare one’s taxes jointly. However, discuss this with your tax advising attorney, or tax consultant that he may show you the financial difference between joint and separate declaration. 

Published on the old CMS: 2007/1/18
Read on the old CMS till November 2008: 102 reads

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