We got married on July 1 2018. He turned 25 Jan 12, 19. Grad with his masters dec 18, and made under 20k. Can his parents still claim him? If they do, can we file as MFJ?

[Texas Roger · Accepted solution]

His parents can't claim him. There are two types of dependents--qualifying child and qualifying relative. He had to be under age 24 at the end of 2018 and a full time student to be claimed as a qualifying child dependent. At age 24 he was too old to be a qualifying child dependent.

He had to make $4150 or less income in 2018 to be claimed as a qualifying relative dependent. Unless the "under 20k" income was $4150 or less, he had too much income to be claimed as a qualifying relative dependent.

Since you are married on 12/31/2018, you must file as married filing jointly or married filing separately. It is almost always better to file as married filing jointly. 

[Hal_Al]

You are correct: if his parents had been able to claim him. it would have been necessary for you to file as Married Filing separately.

But since they can't and won't be claiming him, you should file as married filing Jointly.