It's legal to do either. Most get greater tax benefits filing joint, but there are rare occasions when this is not the case. Please see the following FAQ: https://ttlc.intuit.com/replies/3288477
Before you file, though, remember that you could be seeing the result for just one of you with a Separate filing, and when you combine the two, the result may not be what you thought. In addition, make sure the filing status is not Head of Household unless you were living apart the last 6 months of the year. And if you live in a community property state (also in the FAQ), it is even more complicated.
That doesn't mean you shouldn't file separately, but you'll want to weigh all of this in before you do.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
