Okay, so I have a very specific situation here. Me and my husband just got married on January 1st but we had a baby in June of 2018 which is the same month that he left for boot camp. Up until Novembe

[DanielV01]

Your question was cut off.  Were you married on January 2018 or 2019, and what other details did you have?

[chloengle]

2019! cont... Up until November, I was supporting myself and my daughter with income I had earned prior to giving birth. The only thing I didn't cover was rent which my *now* husband paid before he left for boot camp. We are wondering who should claim our daughter on our taxes and if we should file jointly or not.

[DanielV01 · Accepted solution]

You actually can choose who claims your daughter if you all were living together after her birth.  (Your then boyfriend and now husband was considered temporarily absent while away at boot camp, which means he also lived with your baby all year for this purpose).  Congratulations by the way, on her birth and your marriage.  For 2018, you will not file a joint return because you did not marry until 2019 (albeit right on January 1).  But while you will file separate returns, you can compare who gets the greater benefit by claiming her.    However, while either is allowed to claim her, both of you cannot do so (to try to split benefits, for example).

[chloengle]

If our marriage license is dated in 2018 can we file jointly?

[DanielV01]

@chloengle  I'm sorry.  I was away a couple of days.  You wouldn't be allowed to file jointly in 2018 if you married Jan. 1.  The Marriage Certificate provided by your city might have had a 2018 date because you obtained it prior to the wedding, but it's not official until the official presiding the ceremony signs, which he/she wouldn't have done until the wedding on January 1.