<p>My spouse and I will be seperated by the end of this calander year and on our way to a divorce. Looking at some IRS rules it looks like for next year that we would be considered "divorced" even if it is not final by 1/1/09. We will most likely file separate NEXT year and only my info would be considered for FASFA/EFC.</p>
<p>But, what about for this year? If we are indeed living separately on 12/31/08, what are the options? Do I only need to use my info since when my child enters college (fall 09) I will ahve primary placement? Would this be an option whether we file joint or separate taxes for '08? Would I only count my income/assets in '08 since by the time I file we will be apart, or is it different since we spent part of the year together?</p>
<p>IRS and FAFSA rules are different with regards to the date of divorce. For FAFSA, if you're separated in 2008, then when you fill out FAFSA in January 2009 for calendar year 2008 you are considered the same as if you were legally divorced. Only the custodial parent's income would be considered for 2008.</p>
<p>My understanding is that if you are separated on the way to divorce (as opposed to married but living in two places for work) only the custodial parent's income is entered, but i don't know how you fill out the FAFSA if you did a joint tax return</p>
<p>but you must keep into consideration that if the school requires the CSS profile or their own institutional aid form, them both sets of income will be considered.</p>
<p>The marital status needed is based on the date you complete the FAFSA. If you are separated when you complete the FAFSA, then select Separated and only list your income on for the parental information. If it is a PROFILE school, you will need to submit both incomes regardless.</p>