Should I file head of household

[abubakerlm6]

I am separated from my husband (not legally) and he hasn't lived with us for about a year and half.  We have one child who is still in college and can be counted as a dependent and lives with me. My husband does not work and only receives SS benefits. Should I file as head of household or married filed jointly? Which will get me the best refund?

[xmasbaby0]

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).   

[Opus 17]

If you file HOH, your spouse will be forced to file as married filing separately.  This could significantly raise his taxes due to how social security is taxed.  

If you are married, you always have the option of filing jointly, as long as both spouses agree.  You will probably pay less tax on a combined basis, but you would have to estimate how to split any refund or tax owed, because there isn't really an official calculation in this situation.   So it's hard to say if you personally would benefit from filing jointly.