It depends on your exact situation. You have the option of filing either married filing jointly or married filing separately regardless of whether or not you live together. Additionally, because you dont live together, you have the option of filing as head of household, if you meet all of the requirements. Please refer to the following FAQ for additional information. https://ttlc.intuit.com/replies/4206137
Married
filing jointly is usually the best option for a married couple because you get
the lowest tax rates, highest standard deduction, and the best tax
benefits, especially when you are claiming
dependents.
When you file married filing separately
some benefits are eliminated and others are reduced and this can have a
significant effect on your tax return. Some
of the situations that can affect your return when you file married filing
separately include, when you contribute to an IRA, are interested in
itemizing your deductions, or live in a community property state. Please refer
to pages 7-8 of Pub 501 under the headings, "married filing
separately" and "special rules" for more information. https://www.irs.gov/pub/irs-pdf/p501.pdf
If you choose to file as married filing jointly and if you qualify the file an injured spouse claim, this will allow you to get the portion of the joint refund that you are entitled to. However, according to pages 1-2 of the IRS form instructions under the headings, "specific instructions" and "line 5a", "In community property states, overpayments are considered joint property and are generally applied (offset) to legally owed past-due obligations of either spouse. However, there are exceptions. The IRS will use each state's rules to determine the amount, if any, that would be refundable to the injured spouse."
In order to
qualify:
- You need
to file married filing jointly
- You cant
have any legal responsibility to pay your spouse's debt.
- You would need to have earned income and/or taxable income that
entitles you to a tax refund unless you or your children are
eligible for and claiming the American Opportunity tax credit. The
American Opportunity tax credit is a partially refundable tax credit that
you can qualify for if you are pursuing your first bachelor's degree and
meet the requirements to claim the credit. Please refer
to the questions on page 1 of Form 8379 for more information. https://www.irs.gov/pub/irs-pdf/f8379.pdf
- The debt
has to be subject to collection through the income tax return.
Please refer to page 1 of the IRS
instructions for Form 8379, under the heading, "are you an injured
spouse?" to review these requirements. https://www.irs.gov/pub/irs-pdf/i8379.pdf
Please refer to the following FAQ for instructions on how to file an injured spouse claim in Turbo Tax. https://ttlc.intuit.com/replies/3326788
Please be aware that injured spouse claims take
anywhere from 8 to 14 weeks depending on how you filed the claim. Please refer to page 1 of the IRS form instructions
under the heading, "time needed to process form 8379". https://www.irs.gov/pub/irs-pdf/i8379.pdf
