If you were legally married at the end of 2024 your filing choices are married filing jointly or married filing separately when you prepare your 2024 return.
If your spouse will not agree to file joint return, you will need to file married filing separately. The exception to that would be if you have lived apart for at least the last six months of 2024, and you have custody of the children. In that situation, you could file as Head of Household and your spouse would have to file MFS. If you are filing separate returns you do not need your spouse's W-2. But you do need your spouse's SSN.
If I am filing a separate return why do I have to list my spouse’s information on my return?
Even if you file separate returns (the worst way to file) you each have to list each other's SSN's and some other information on your own tax return. The IRS can then cross check to make sure you are not "double dipping" for itemized deductions, dependents, etc.
If you are in a community property state, there is more information that will be needed.
Community property states: AZ, CA, ID, LA, NV, NM, TX, WA, WI
https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states
https://turbotax.intuit.com/tax-tips/marriage/five-tax-tips-for-community-property-states/L4jG7cq7Z
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...
Edit---if you are in a community property state, you do, in fact, need your spouse's income. Filing separate returns in a community property state can be tricky.
Your post is kind of confusing, since you mention both filing joint and filing separate returns.
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
