In order to file a Joint Return it is a MUST that you have ALL the income information about your spouse. If your spouse does not want to file a joint return or simply refuses to provide the information, you must file as Married Filing Separately.
FIRSTLY, per IRS guidelines, MARRIED COUPLES only have TWO available filing statuses: Married Filing Jointly, and Married Filing Separately (there are special rules for taxpayers living in Community Property States).
SECONDLY, if you and your spouse are NOT together anymore, and are NOT LEGALLY SEPARATED NOR DIVORCED at the end of the year, per IRS Regulations, you MUST File as either: Married Filing Jointly, or Married Filing Separately.
THIRDLY, The IRS considers you married for filing purposes until you get a final decree of divorce or separate maintenance.
LASTLY, per IRS instructions, if you're married or legally separated, you may be eligible to file as Head of Household if ALL of these apply:
- Your spouse didn't live in your home for the last 6 months of the year
- You paid more than half the cost of keeping up your home for the year.
- Your home was the main home of your dependent child for more than half the year
Filing taxes after divorce or separation
Publication 504 (2023), Divorced or Separated Individuals
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