@ssam2020
if you are legally married, but not filing "Joint". the only way to do it is if you qualify for HOH filing status. Are you living with your spouse or not?
The real question is why are you filing Separate? Unless the lesser earning spouse is on a student loan repayment plan, I have yet to see a case where it financially makes sense to file separate. 96% of married couples file joint because Congress only passes laws that protect the sactimony of marriage. That other 4% - either are emotionally unwilling to sign the same tax return or are nieve.
Page 9:
What’s Your Filing Status?
Generally, married couples must file a joint return to take the credit. However, if you are legally separated or living apart from your spouse, you may be able to file a separate return and still take the credit.
Legally separated.
You aren't considered married if you are legally separated from your spouse under a decree of divorce or separate maintenance. You may be eligible to take the credit on your return using head of household filing status.
Married and living apart. You aren't considered married and are eligible to take the credit if all the following apply.
1. You file a return apart from your spouse.
2. Your home is the home of a qualifying person for more than half the year.
3. You pay more than half the cost of keeping up your home for the year.
4. Your spouse doesn't live in your home for the last 6 months of the year.
