If you were to file a joint return, both you and your spouse may be held responsible, jointly and individually, for the tax and any interest or penalty due on your joint return. This means that one spouse may be held liable for all the tax due even if all the income was earned by the other spouse.
Also, once you file a joint return, you cannot convert to separate returns for that tax year after the due date of the tax return.
The IRS is not going to take enforced collection action on a 2022 tax return until there has been an assessed tax liability from a filed or substitute tax return and after several notices have been sent asking for payment. In the meantime, work with your attorney on how best to deal with your joint finances and assets, and other legal issues.
You may want to consider filing a separate return. You said you don't live in a community property state, so filing separately is much simpler than it would be in a community property state. There are some credits that aren't allowable using Separate filing status.
You can use TurboTax Online to test different scenarios before deciding to file jointly or separately. Click here for more information.
See IRS Publication 504 for more information.
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