If you file as married filing jointly then no, you can't take the credit for child and dependent care. In a joint return both spouses must work in order to qualify for the credit with a few exceptions. Being incarcerated is not one of the exceptions.
However, if you have been living alone since before July 1 of 2022 (or the whole second half of the year) then you qualify to file as head-of-household. Your spouse, since he has no income, would not file a return at all. You would completely remove him from the tax return. As head-of-household you qualify for a higher standard deduction as well as the childcare expenses deduction.
If your spouse has income in a future year he would file a separate return as married-filing-separately.
If you didn't qualify in 2022 because he didn't begin his sentence until after July 1st then at least you will qualify for next year.
@ckaiser123-
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