Sorry for your loss. Unless you live in a state that recognizes common law marriages, for tax purposes you are not a widow and never could properly file a joint return. At best you may qualify for head of household.
Head of household. i have skipped certain questions that seem irrelevant in your situation:
3) Do you qualify as a surviving spouse/widow because you were in a common law marriage recognized by the state and you maintain a home for a qualifying child whom you can claim as a dependent whether you do or not - you can not file as HOH but as a surviving spouse.
4) Were you a nonresident alien at any time during the year - if yes you cannot file as HOH.
5) If you were not legally wed on the last day of the year, see A, if you were then 6.
6) Were you legally wed to a non-resident alien at any time in 2023, if yes see A, if not then 7.
A. then was the dependent a married child of the taxpayer? if yes, will the dependent child file a joint return with their spouse? if yes you cannot file as HOH. If the dependent child was not married or if married will not file a joint return with their spouse then did the legally related dependent use the taxpayer’s household, for which the taxpayer paid at least ½ the cost, as their principal place of abode for more than ½ the year – then you can file as HOH.
Qualifying child – and eligible to be claimed as a dependent the rules are:
1) Related to you - son. daughter. stepchild, eligible foster child, or a descendent of my of them; brother, sister, half-brother, half-sister, stepbrother, stepsister or a descendent of any of them. Adopted child if legally adopted or an individual lawfully placed with the taxpayer for legal adoption. Eligible foster child is one placed with the taxpayer by an authorized placement agency or by judgment decree or order of any court with jurisdiction
2) Same principal abode as you for more than ½ the tax year.
3) Under 19 at the end of the tax year.
4) Hasn’t provided over ½ his/her own support
5) Hasn’t filed a joint return – unless there is no tax liability
6) A US citizen, resident alien or national, or a resident of Canada or Mexico
