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My spouse is deceased and we were separated at the time of his death, why do I have to file jointly when I didn’t do that last year?

 
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3 Replies

My spouse is deceased and we were separated at the time of his death, why do I have to file jointly when I didn’t do that last year?

There is no requirement for you to file jointly on the 2022 tax return if your spouse passed away in 2022.  You can file as Married Filing Separately.  However, filing jointly will be more beneficial for you from a tax standpoint.

rjs
Level 15
Level 15

My spouse is deceased and we were separated at the time of his death, why do I have to file jointly when I didn’t do that last year?

You have to clarify exactly what you mean by "separated." If you were "legally separated from your spouse under a divorce or separate maintenance decree" you are considered unmarried. In that case you cannot file as married filing jointly, or as married filing separately. You have to file as single unless you meet the requirements to file as head of household. The exact nature of your separation is a legal question. Not all states have legal separation. If you're not sure, consult a lawyer.


If you were not "legally separated from your spouse under a divorce or separate maintenance decree" then you are still considered married. In that case you have to file as either married filing jointly or married filing separately. Be sure to coordinate with your spouse's executor. If you do not file jointly the executor will have to file a tax return for your spouse as married filing separately. If you do file jointly, the executor cannot file a separate return for your spouse. The executor also has the option to not allow you to file jointly, even if you want to.


(Since you were separated in some fashion, I assume that you are not your spouse's executor. But if you are the executor, then you are responsible for filing your spouse's final tax return, either separately or jointly with yourself.)

 

My spouse is deceased and we were separated at the time of his death, why do I have to file jointly when I didn’t do that last year?

if you can only file jointly or married filing separately and you decide on MFS the executor and you, if you are not the executor have to agree on is whether to take the standard deduction or itemize. in this situation both must use the same method. 

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