I want to know if I should do married filing seperately or married filing jointly when I have children from a previous relationship?

[Newlifestarts120608]

Hi! Just recently got married this year I do not live with my husband yet we are trying to buy a home we want together I am staying with my sister until we find a place. I am curious to see if I should do married filing separately because I have 4 kids that live with me who are from a previous relationship (Their father passed away) I do not make as much as my current husband because I do receive survivor benefits for my children and I am a full time student and work part time door dash or delivery driving. I would appreciate any incite on how to get the most of our tax returns. Thank you!

[xmasbaby0]

If you are legally married, your new spouse has become a legal step-parent of your children, which is the same as a bio-parent to the IRS for tax purposes.

If you are legally married at the end of 2025 your filing choices are married filing jointly or married filing separately when you prepare your 2025 return next year.

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 $31,500 (+ $1600 for each spouse 65 or older)  for 2025. 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 since with online, you get one return per fee.

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...

[Opus 17]

You would have to test it yourself.  Generally, you will pay less combined tax by filing one joint return instead of two separate returns.  However, if you currently qualify for Earned Income Credit, your husband's earnings could disqualify you.  Depending on the type of survivor benefits you receive for your children, you might pay more tax on them if your combined income is high enough.  (Unless the income is in the children's name, then it is not taxable unless they earn money and file a return.)

The only real way to know is to prepare test returns in both scenarios. 

[xmasbaby0]

Take note that if you file married filing separately, you are not eligible for earned income credit.

[VolvoGirl]

Are you asking about filing 2025 tax return next April?  Or your 2024 return?   For 2025 you might qualify as Head of Household.   Since you are married you need to live apart from your spouse for the last 6 months of the year.  How did you file for 2024?  

Do you qualify for Head of Household?
https://ttlc.intuit.com/community/family/help/do-i-qualify-for-head-of-household/00/25539

[Newlifestarts120608]

I filed head of household last year im talking about 2025 because we got married may of 2024

[xmasbaby0]

@Newlifestarts120608 Your choices for 2025 will be married filing jointly or married filing separately.

If you got married in 2024, you had those same choices for 2024.     The only way you could have legitimately used "Head of Household" for 2024 would have been if you and your spouse lived apart for at least the last six months of 2024.

Am I Head of Household?

https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-filing-status/qualify-head-household...

• What is a "qualifying person" for Head of Household?

If you qualify as Head of Household, when you enter your marital status (single or married filing separately) into MyInfo, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.

https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/married-person-claim-head-house...

[VolvoGirl]

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@Newlifestarts120608 wrote:

I filed head of household last year im talking about 2025 because we got married may of 2024

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WHEN did you get married?    May 2024 or 2025?