When filling out personal information on forms and applications, one of the common questions asked is your marital status or relationship status. This can often be a complicated question to answer for those who are divorced. Selecting the right marital status after a divorce can impact various legal, financial, and social situations, so it’s important to know how to fill out this information accurately.
Why Marital Status Matters After Divorce
Your marital status is more than just a formality. It can have implications for:
- Filing taxes
- Insurance coverage
- Social Security and other government benefits
- Inheritance and estate planning
- Loan and credit applications
- Employment documents and payroll
- Court and legal proceedings
Essentially, your marital status can affect your financial situation, dependents, and obligations to others. That’s why it’s crucial to think through what you put down for this piece of personal information.
Impacts of Marital Status on Taxes
One major area where marital status makes a difference is filing federal income taxes. Your marital status on December 31st of the tax year determines your options for filing your tax return.
- If you were divorced on December 31, you had the right to file as single or head of household.
- If you were still married but separated on December 31, you still need to file as married filing jointly or married filing separately.
Your marital status as of the last day of the tax year applies to your whole return, even if you got divorced earlier that same year. Your marital status can also impact the tax rate you pay, certain credits and deductions you can claim, and eligibility for IRA contributions.
Impacts on Insurance
Your health insurance coverage is often tied to your marital status. If you’re divorced, you typically can’t remain on an ex-spouse’s health insurance plan. You may need to shop for individual coverage or enroll in group coverage through an employer.
Marital status also plays a role in life insurance beneficiaries and estate planning documents. You’ll likely need to revise any policies still naming an ex-spouse as a beneficiary after a divorce.
How Should I List My Marital Status After Divorce?
So when you fill out forms in the aftermath of a divorce, how should you list your marital status? Here are some common options:
Single
“Single” or “never married” is generally the appropriate marital status to use after a divorce. Legally, a divorce completely ends a marriage. This status is uncomplicated for tax and other legal purposes.
Divorced
Some forms and documents specifically ask for “divorced” as an option for marital status. This provides more background on your situation but effectively still means you are single or unmarried under the law.
Legally Separated
In some states, you can pursue a legal separation, which is different than divorce. If your divorce is not finalized but you are legally separated, you would select this status.
Widowed
If your former spouse passed away after you divorced, you would have the marital status of widowed. Make sure you have documentation like a death certificate.
| Marital Status | When to Select |
|---|---|
| Single | After finalization of divorce; legally single |
| Divorced | After finalization of divorce; provides context |
| Legally Separated | When divorce is pending but separation is in place |
| Widowed | If ex-spouse has passed away after divorce |
Special Situations and Exceptions
In most cases, single, divorced, or widowed are your options post-divorce. But there are some exceptions where you may need to list your status differently:
Ongoing Health Insurance
If allowed by your state and insurance company, you may be able to remain covered by an ex-spouse’s health insurance policy for a period of time after divorce. Typically, there are limits, such as only until you remarry or for 36 months.
In this case, you may need to continue listing yourself as married or provide details that you are divorced but still on a spouse’s insurance per court order or state law.
Joint Debt and Accounts
If you maintain any joint financial accounts or obligations with an ex-spouse, you may need to continue listing your status as married for those specific items. For example, you can’t change marital status on a joint mortgage or auto loan until you fully refinance in only one spouse’s name.
Children and Dependents
If you have children from your ended marriage, you may qualify for certain tax benefits by filing as head of household rather than single. You’ll need to meet IRS dependency requirements.
Likewise, you may be able to keep stepchildren on health insurance policies if court ordered in the divorce. Documenting dependents is important for benefits tied to marital status.
How Do I Change My Name After Divorce?
Along with updating your marital status after divorce, many people opt to change their last name. There are a few ways to handle this:
- Court order – The name change is part of the divorce decree.
- Common law – In some states, you can just start using your maiden name or other preferred name.
- Legal name change – File a separate petition in court for an official name change.
To change your name on financial, legal, and government documents, you typically need to request new copies of:
- Driver’s license
- Social Security card
- Passport
- Insurance cards
- Tax records
- Bank accounts and credit cards
Getting newly issued documentation with your updated marital status and name reflects the legal changes resulting from your divorce.
Examples of How to List Marital Status After Divorce
See below some examples of how marital status is commonly listed on various documents after a divorce:
Tax Form 1040
- Filing Status: Head of Household or Single
- Marital Status: Divorced
Driver’s License
- Name: Mary Smith (Maiden Name)
- Marital Status: Divorced
Loan Application
- Applicant’s Marital Status: Divorced
Insurance Forms
- Policyholder’s Marital Status: Single
Employee Payroll
- Employee’s Marital Status for Tax Purposes: Single
Updating Documents and Systems
Once your divorce is finalized, remember to update your status across any relevant systems and notify any institutions that may need your new marital status:
- Employer’s HR/payroll system
- Insurance providers – health, life, auto
- Banks, financial institutions
- Investment and retirement accounts
- Credit bureaus and credit card companies
- Utility providers
- Government offices – Social Security, VA, IRS
- Doctors offices, healthcare providers
- Schools and childcare centers
Having all accounts, documents, and records reflecting your divorced status ensures things like tax filing, insurance claims, and account access go smoothly.
Consult an Expert
Navigating changes to your marital status, name, and related details after a divorce can be complicated. If you have questions on the best selections for your personal situation, it can help to consult:
- Your divorce attorney
- Accountant or tax advisor
- Insurance agent
- Financial planner
With an expert assisting you, you can feel confident you are accurately representing your marital status after your divorce across all the necessary channels.
Conclusion
Updating your marital status after a divorce is an important step with implications for your legal rights, finances, benefits, and more. Typically “single” or “divorced” are the appropriate options to select once your divorce is finalized.
However, in some cases you may need to list as married if you are still on an ex-spouse’s insurance, maintaining joint accounts, or filing taxes as head of household. Work with experts as needed to ensure you are accurately listing your marital status in a way tailored to your post-divorce situation.