Married December 26th spouse is incarcerated and I do send him money to get stuff in there so I still file married?

[1bf8d1a04e8c]

I still have to ask him if I can even include him in my taxes or if he wants to file separately and I do have my last name changed w social security administration but the dmv still has my old last name

[xmasbaby0]

The money you send to your spouse is irrelevant.  There is nothing to enter on your tax return about that.  If you are still legally married you can file a joint return or you can file married filing separately.  If you want to file a joint return your spouse must agree to it.  If he does not agree to filing a joint return then you can file married filing separately.

If you were legally married at the end of 2022 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $25,900 (+$1400 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

[Opus 17]

If you are legally married, you must file as married filing jointly or married filing separately.  Joint filing is allowed as long as you and your spouse both agree to file jointly, even if one spouse doesn’t work or you live apart, even if one spouse is incarcerated.  Joint filing almost always results in a larger refund or less tax owed.