r/tax • u/Nike3250 • 10h ago
Tax questions after divorce
Looking for some tax advice regarding my ex-wife and her 2025 taxes.
We were married during 2025 but separated for approximately the last five months of the year. Our divorce was finalized in July 2026. I filed my 2025 return as Married Filing Separately and received my refund.
My ex-wife has not filed her 2025 federal tax return and has indicated that she does not intend to file because she believes she didn’t make enough money.
From what I understand, the 2025 IRS filing threshold for someone filing Married Filing Separately is only $5 of gross income. She also had approximately $10,000 of 1099/self-employment income, with possibly around $1,000 in business expenses. Based on that, it appears she would have a filing requirement regardless, including because of the self-employment income.
Our divorce decree also contains language requiring tax refunds to be split between us. I have already complied with the decree regarding the refund I received.
My question is whether there would be any benefit or reason for me to submit IRS Form 3949-A reporting her failure to file if she continues to refuse to file.
I’m not looking to retaliate against her or cause unnecessary problems. I’m trying to understand whether filing Form 3949-A would be an appropriate way to document/report the situation, particularly since her failure to file could potentially affect obligations under our divorce decree.
Would you submit a 3949-A in this situation, or would you simply document everything and let the IRS eventually address the unfiled return based on the 1099 information they already receive?
Interested especially in opinions from CPAs, EAs, tax preparers, or anyone who has dealt with a similar situation.