Q. We are still married we just been separated for a month out of this whole year so I should be entitled to the tax benefits of filing a joint return?
A. No. You must both agree to file as Married filing jointly (MFJ).
That said, it's unlikely she qualifies as anyone else's dependent and it would be fraudulent for anyone to claim her. There are ways to report tax fraud, but that will do you no good; you still can't claim her or MFJ filing status, without her consent. Being someone else's dependent is worth, at most, $500 to that other person. Filing MFJ is, most likely, worth much more to you. You may have to play "let's make a deal' to get her to file MFJ with you.
