You cannot make a unilateral decision to file a joint return. If your spouse agrees to file jointly, then you can file a joint return. And the refund will be in both names.
Otherwise, if you have lived apart for at least the last six months of 2024 and you are the custodial parent, you can file as Head of Household and your spouse will need to file married filing separately (yes---even if his only income is Social Security--because when you file MFS most of your SS is taxable).
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
