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You have not mentioned what kind of disability your husband is getting. What are you trying to do---are you trying to file married filing separately? Is that the reason for the question? Do you have the children? If so, you might be able to file a Head of Household instead of MFS. If there are no children and you are just filing MFS, then each of you has to file a MFS return----your husband will need to enter his disability income on his return. It might be taxable to him. Provide some details.
Whether you husband needs to file a tax return for 2024 depends on whether his income exceeds the filing threshold for his filing status.
Some types of disability income are taxable while others are not. Social Security Disability Benefits (SSDI) aren't taxable unless you have substantial additional income (more than $25,000 for an individual or $32,000 for married filers). See this TurboTax Help article for more information.
If you intend to file a separate return for yourself, if your spouse was not a member of your household during the last 6 months of the tax year and you meet additional requirements to be "considered unmarried" by the IRS, you may be able to file as Head of Household despite not being legally separated or having a divorce decree by the end of the tax year.
Since the IRS honors the divorce laws of the states, where you live affects your options as well. In Texas, for example, you remain married from a tax perspective until your divorce is final, even though you're legally separated. See this TurboTax tips article for separated couples for more information.
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