My spouse and I are filing married but separate in a community property state. He won't give me his 2016 w-2's. how can I file without them?

[ksdstaxes]

We lived together the entire year but are now getting a divorce. It is to volatile to  be in the same room with him or I would file our taxes jointly.

[SeanE1 · Accepted solution]

The IRS understands that there can be complications in a relationship and has a publication that I have included below for you.  Just go to the table of contents and select Community Income right under Community Property.

After you finish your 2016 tax return, you will not be able to efile because the IRS requires married people filing separately to provide their spouse's information so that they can match specific data. The IRS will reject any attempt at efiling MFS returns without this information.  The only option that you have is to paper-file your 2016 tax return. To do this, you would select Paper-File instead of Efile when you are in the File section after completing your return. Then print, sign, date and mail your tax return by April 18, 2017.  

https://www.irs.gov/publications/p504/ar02.html#en_US_2016_publink1000176088

Good luck with everything!

[ksdstaxes]

Thank You. This was very helpful.

[Zbucklyo]

Start with IRS Publication 555, and the section "Community Property Laws Disregarded".  This might provide some help.  I'd consult with a tax professional who has experience in handling a MFS filing in a community property state where one spouse won't cooperate.  This is beyond the scope of a simple Turbotax filing.