Do i still have to file injured spouse form if my husband has no income but has an offset?

[mjoquinn]

My husband has been incarcerated since august 2016 and had no income at all for the 2016 year. Do I still file jointly and claim injured spouse?

[SweetieJean]

August of 2015, or August of 2016?

[Critter · Accepted solution]

If you file a joint return ( and you should) then YES, you MUST file the injured spouse form ESPECIALLY since he had no income. 

[SweetieJean]

However, if he was incarcerted  as of 2015, she may be able to file 2016 as HOH.

[Critter]

But then you loose the spouse's exemption and the EIC is lower.