Filling Status

[ecurtis]

My husband has decided to file married separately.  Can I still file Marrried jointly?To get the tax break benefits?

[DianeW777]

No. The first option is married filing separately and it may be the only option available for you.  If you lived with your husband at any time during the last six months of the year there is no other option. Single will not be allowed unless you divorce.

You can check the rules for head of household only if you did not live with your spouse at any time in the last six months AND you must be able to claim your child as a dependent.

• Guide to Filing Taxes as Head of Household
• Do I qualify for Head of Household in 2024?

[xmasbaby0]

You cannot file a joint return with a spouse who does not agree to file jointly.   If your spouse already filed as married filing separately, that leaves you with the choice to file MFS as well, or maybe to file Head of Household IF you lived apart for at least the last six months of 2024 and you have physical custody of the children.   If you did not live apart, then HOH is not an option which means married filing separately.

When you file MFS, you must adhere to several strict rules.   If your spouse used standard deduction you must also use standard deduction  or if he used itemized deductions then you are required to itemize deductions too.If you are in a community property state, it gets more complicated.

( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI )

https://turbotax.intuit.com/tax-tips/marriage/should-you-and-your-spouse-file-taxes-jointly-or-separ...

https://ttlc.intuit.com/turbotax-support/en-us/help-article/income/getting-married-mean-taxes/L2Rgma...

https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/married-filing-separately-commu...

[ecurtis]

Ok, I understand.   Thank you for the response. 

I have another question.  We received Marketplace insurance for which he was the primary.  Who is required to report that information on their taxes, him, me or both of us?

[Vanessa A]

If you were both covered, then you are both required to report this on your return. You will then select that this policy is shared with another tax payer and each of you will claim 50% as the allocation amount.

Be aware, if you are filing separately, you are not eligible for the Advanced Premium Tax Credit.  So you will both likely see an increase in your tax due or a drop in your refund.