If I am separated from my spouse since 4-2 due to criminal charges and a protective order against him, should I file "married filing separately"?

[vcnagle]

When to file married filing separately

[DoninGA]

You may file as Married Filing Separately regardless of your spouse's situation.  However, from a tax standpoint it is usually more beneficial to file as Married Filing Jointly, if both of you agree to file jointly. 

For your particular situation it may be more comfortable for you to file MFS if you do not want to communicate with your spouse.

[TomD8 · Accepted solution]

Will you be legally separated as of year's end?

Legally separated means that your separation was legally recorded by a court.

If so, then you must file as either Single or (if you qualify) as Head of Household.  See this IRS reference:

https://www.irs.gov/individuals/filing-taxes-after-divorce-or-separation#:~:text=Head%20of%20househo...

Qualifications for Head of Household:

Head of household: If you're married or legally separated, one of you may be eligible to file as head of household if all of these apply:

• Your spouse didn't live in your home for the last 6 months of the year
• You paid more than half the cost of keeping up your home for the year
• Your home was the main home of your dependent child for more than half the year