I am going through a divorce and my husband will not provide me with his SSN.

[bmiller3753]

In the year 2022 we were considered married but are considered separated now in 2023. I missed the filing deadline on Oct 16, 2023. How can I proceed without his social?

[DoninGA]

If you are legally separated according to the laws of your state then you can file your tax return as Single so his SSN is not needed.

If not, then you will have to file as Married Filing Separately.  

The 2022 tax return can only be printed and mailed, it cannot be e-filed using TurboTax.  When the Form 1040 is printed, on the first page, where the SSN for your spouse should be entered, write-in the word UNKNOWN.

Sign, date and mail your tax return.

If you are using TurboTax for tax year 2022, when asked for his SSN enter 999-88-9999.  When the Form 1040 is printed, erase the number entered for the SSN and write-in UNKNOWN.

[NCperson]

@bmiller3753 

for 2022, how are you going to file Joint if your spouse is presumably not going to sign the tax return? (if he won't give you his SSN, then I can't imagine he will sign the document)

if you file Married-Filing Separate for 2022, his SSN is not required.  

if you are LEGALLY separated, you are considered 'unmarried" by the IRS and you will file "Single" (assuming no children are involved) 

[DoninGA]

@NCperson The Form 1040 instructions indicate that the spouse's SSN is to be entered when filing as Married Filing Separately.

https://www.irs.gov/pub/irs-pdf/i1040gi.pdf#apge=12

Check the “Married filing separately” box at the top of Form 1040 or 1040-SR if you are married, at the end of 2022, and file a separate return. Enter your spouse’s name in the entry space below the filing status checkboxes. Be sure to enter your spouse’s SSN or Individual Taxpayer Identification Number (ITIN) in the space for spouse’s SSN on Form 1040 or 1040-SR.

[NCperson]

@DoninGA yes, it is to be entered, but if you don't have the spouse's SSN, that does not preclude filing Separate.  It does preclude elctronic filing, though, as it is one of the filing edits. 

Simply paper file, filing Separate without the SSN.

https://apps.irs.gov/app/vita/content/globalmedia/4491_filing_basics.pdf

this link is from the IRS training material for the VITA / TCE program - look at the TIP box on the top of page 5 - SSN is not required if you are filing Separate, but must paper file. 🙂 

[DoninGA]

@NCperson Thanks, good info...!

[NCperson]

@DoninGA - I imagine that since the IRS has the past tax returns, it can  figure out the spouse's SSN itself.