My Husband is in prison can i claim him as a dependent?)

[till70baby]

And do I file married filing jointly or married filing separate?

[MargaretL · Accepted solution]

No, you cannot claim your husband as your dependent.  For tax purposes, your spouse is never your dependent.  

As to the filing status, you can choose which status is most beneficial to you. Generally, Married Filing Jointly (MFJ) status is much more beneficial for the taxpayers, as it allows practically all credits and deductions if you qualify for them.Ir your husband has no income while in prison - it will help actually help your income (while file jointly)  be reduced by 'joint' deductions, which may increase your refund/ lower your tax liability.

Married Filing Separately (MFS) is usually the most expensive method of filing taxes. The tax rate is higher, many credits are disallowed, such as Earned Income Credit, Child and Dependent Care credit, Education credits, etc.

Note: When filing jointly, you may need a power of attorney to prepare and sign on his behalf.