If My wife and I separated on 11/02/2022. Still married, how do I go about making sure Noone else to claim her

[bigpoppacg4204.c]

Still married, separated Nov 2nd 2022. How do I make sure Noone else be able to claim her

[Mike9241]

you can't claim your wife as a dependent. you are still legally married therefore the choices are 

1) both of you agree to a joint return (probably would want an independent source to prepare it)

or

2) each file as married filing separately.

[NCperson]

@bigpoppacg4204.c if you are going to file joint and are worried that someone else will claim her (that is a form of identity theft as that someone else would have to know HER social security number), you can apply for a PIN which would preclude anyone else from efiling a return with her social security number on it.  Only the person who knows the PIN (presumably only you) could efile.  if the return is paper filed, the IRS is going to closely scrutinize the return because it was submitted without the PIN. 

HOWEVER, if you file Separate, that is HER issue and not yours; and I personally would do nothing. 

https://www.irs.gov/identity-theft-fraud-scams/get-an-identity-protection-pin

[fanfare]

a spouse cannot be a dependent so you have nothing to worry about.

@bigpoppacg4204.c 

[Hal_Al]

Q. How do I go about making sure No one else claims her.

A. Basically, there is nothing you can do, other than asking her to file a Married Filing Jointly (MFJ) tax return.

If she does not agree, you must file as Married Filing Separately (MFS).  You are not allowed to claim a spouse as a dependent.  So, whether somebody else claims her doesn't affect your tax return. 

If you file MFS, she must also file as MFS (if she has to file at all).  Some coordination is needed between you. One thing: if you itemize deductions (instead of the standard deduction), she must also itemize, even if she actually has no deductions.  If you live in a community property state, you must allocate your  income. 

[bigpoppacg4204.c]

Yes, I understand that part. But can't she get her mom or her mom's boyfriend to put her down as a dependent even though I know it's illegal to do or is it or how would that work where I'm locked her in where nobody can claim her

[bigpoppacg4204.c]

Hi thank you for the response she hasn't worked in 10 years so she won't be filing that's what I'm worried about that if I go ahead and file and put it down as filing together and she winds up going behind my back and getting somebody else to claim her as a dependent isn't that illegal? And we are still married we just been separated for a month out of this whole year so I should be entitled to those taxes

[xmasbaby0]

If you and your spouse file married filing separately, it is not your problem if someone else tries to claim her as a dependent--it will be their problem.   It will have no effect on you.   You have no control over other people's choices or poor/incorrect decisions.   You can only file a joint return if she AGREES to file jointly with you.  If she will not file a joint return with you then your only option is to file married filing separately.   If YOU file a joint return without her agreement, then you will be the one filing a fraudulent return.

[Hal_Al]

Q. We are still married we just been separated for a month out of this whole year so I should be entitled to the tax benefits of filing a joint return?

A. No.  You must both agree to file as Married filing jointly (MFJ).

That said, it's unlikely she qualifies as anyone else's dependent and it would be fraudulent for anyone to claim her. There are ways to report tax fraud, but that will do you no good; you still can't claim her or MFJ filing status, without her consent.  Being someone else's dependent is worth, at most, $500 to that other person.  Filing MFJ is, most likely, worth much more to you.  You may have to play "let's make a deal' to get her to file  MFJ with you. 

[NCperson]

@bigpoppacg4204.c - one more time - and it is consistent with all the other advice

1) you only have two choices: File Joint (which requires her agreement to sign the tax return) or File Separate (of she won't agreeto sign - which is her right)

2) if you file Separate, you don't care that someone else claims her - that is her issue (and an issue for whomever claims her fraudulently); you are not "claiming" nor deducting anything related to her.  Each of you is filing their own separate tax returns.  

3) if you file joint and are still concerned that someone else may attempt to claim her (or you for that matter)....then the PIN that I suggested above is the way to go.  THat is the purpose of the PIN - to mitigate identity theft