I am seperated from my husband since what i though was the last violent episode i would experience ever , that was in July 2017 he since then has been using the business that is under my ss# and pays

[pichichita13]

I am still having to file with him when ive called the tax advocate for 3 years and always get a pin to give when transfered to someone that eventually is not there and hangs up , this lasr time i was

[Critter-3]

Ok ... you have serious issues ... why does he file anything using your SS# at all ?  You do not need to continue to file jointly at all.   And you should get an IP PIN from the IRS so he cannot file anything with your SS# on it at all without using your IP PIN.  And seek local professional assistance or at least an attorney to get your legal issues attended to.    

• Complete IRS Form 14039, Identity Theft Affidavit. Then print and mail or fax according to the instructions. 

[Anonymous]

the IRS says it's a crime for one spouse to file a joint return without the other spouse's approval.

besides 14039 if you did not consent you may also want to file form 3949-A

https://www.irs.gov/individuals/how-do-you-report-suspected-tax-fraud-activity 

[Opus 17]

You are never required to file jointly even if you are married. You may file as married filing separately. If you agree to file jointly, then you are jointly an equally responsible for all the statements on that tax return, including any errors, omissions, or fraud.

If you want to file separately this year and not to give your information to your spouse, that is your absolute right to do so. If you want to re-file separate returns for previous years and claim that you filed jointly under duress, you might be able to do that but you would need the help of an experienced tax preparer such as an enrolled agent.

Most of all, you need legal advice on your situation. Your spouse’s business income should never be reported under your Social Security number if your spouse is the one performing the business activities, and you may have other legal issues that you will need help with.