Can I file married filing jointly if my spouse already filed married filing separately?

[Mike9241]

you paid extra for live ask your agent. 

[AnnetteB6]

No, a joint return would be rejected by the IRS if a Married Filing Separate return had already been filed by your spouse.  The spouse's Social Security Number would already be associated with a return that had been filed and a second one (the joint return) would not be allowed to go through.

@amye641546 

[Opus 17]

A married couple can always file jointly if they agree. However, once one spouse has filed as married filing separately, the only way to file jointly is for the spouse who filed separately to file an amended return, to change their status to joint and add the other spouse’s income and deductions. Amending will be available in early March, you should wait until the separate return is processed and any refund claimed is paid before you amend to joint. 

[xmasbaby0]

No, you cannot file a joint return now---it will be rejected if you try.   So....either you also file married filing separately---following all of the strict rules for MFS---or your spouse needs to wait for their return to be fully processed and amend that return to file jointly.  

If you decide to just file MFS---you need to know if your spouse itemized deductions or used standard deduction--because you are now required to do the same thing your spouse did.

If you were legally married at the end of 2023 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $27,700 (+$1500 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return.

 Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice since with online, you get one return per fee.

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...