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I would like to file jointly with my spouse who I am legally separated to. Can I do that?

 
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5 Replies

I would like to file jointly with my spouse who I am legally separated to. Can I do that?

Is that how your spouse wants to file?   You cannot file a joint return unless your spouse agrees to file a joint return with you.   

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

I would like to file jointly with my spouse who I am legally separated to. Can I do that?

He does want to file jointly. But on the form when it asks if I took care of the household and all the other questions, I answered yes. So it made me head of household and I don't know where to enter his information. 

I would like to file jointly with my spouse who I am legally separated to. Can I do that?

@moomookate8 You answered incorrectly.    When it asks in My Info if you were married in 2021 you need to say yes.   The next question asks if you want to file together with your spouse.  Say yes.   That way you are filing a joint return.   You will then be prompted to enter your spouse's information.   As you go through the screens in the software pay careful attention to the income screens---there will always be spots with EACH name by them ---enter income carefully.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

I would like to file jointly with my spouse who I am legally separated to. Can I do that?

Thank you so much! 

I would like to file jointly with my spouse who I am legally separated to. Can I do that?

If you were Legally Separated as of 12/31/2021, you CANNOT file a Joint return (or even Married Separately)  You are considered to be unmarried, as the IRS treats legal separation the same as a divorce.

 

Edited to add citation:

4491_filing_status.pdf (irs.gov)

 

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