My husband Has been in jail since May 16,18 We are married he was head of household does this mean I just have to claim head of household now

[terrenceandamand]

My husband is in jail and has been there since may16 2018 I have three kids and supporting him do I claim head of household 

[BobB7]

Why weren't you filing a joint return?  That would be the obvious choice both last year and this, assuming that you guys really are married.

[terrenceandamand]

We are married I was just asking to we fill jointly or do I just file head of household for the last two years we have filed as married, but with him being incarcerated I didn’t know do I just file the same way we have been doing it

[DawnC0 · Accepted solution]

Keep filing the way you were - Married Filing Jointly.  Neither of you should file as Head of Household since you are married.  You get a better deduction as Married Filing Jointly.   It doesn't matter that he is in jail, that doesn't change your filing status.  You can still claim the MFJ filing status.  

[terrenceandamand]

Never said i did file mfj, just asking a question and yes we really are married  Jan22, 2016 thank you