I am in the middle of a divorce (2023) that will not be finalized until the end of April/May. I was married all of 2022. Should I file as married jointly for 2022?

[tacotaegan]

I am in the middle of a divorce (2023) that will not be finalized until the end of April or May.  I was married all of 2022.  Should I file as married filing jointly for 2022?

[xmasbaby0]

If you were legally married at the end of 2022 your filing choices are married filing jointly or married filing separately.   

Or----if you were separated for at least the last six months of 2022 and the children are with you you might be able to file as Head of Household.

Am I Head of Household?

https://ttlc.intuit.com/questions/1894553-do-i-qualify-for-head-of-household

https://ttlc.intuit.com/questions/2900097-what-is-a-qualifying-person-for-head-of-household

If you qualify as Head of Household, when you enter your marital status (single or married filing separately) into MyInfo, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.

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 $25,900 (+$1400 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.

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...

[Opus 17]

You may file jointly but only if your spouse agrees.   Joint filers will usually pay less tax or get a larger refund, but you need to agree in advance to file jointly, how you will split any refund, and so on.  

If your spouse does not agree to file jointly, you and your spouse will each have to file as married filing separately.  

[smfla]

You will save money if you file joint.  Then you are both responsible for any tax due or you will need to share any refund.  If one files as single, then both must file as single and any tax due or refund will apply to the filer.

[Opus 17]

@smfla 

Neither spouse can file single in this case.