Can I File My Taxes Without My Husband?

Married individuals often have questions about how their marital status affects tax filing. While many file jointly, other options allow for individual tax returns. Understanding these choices and their requirements is important for making an informed decision about your tax situation.

Understanding Your Filing Status Options

Your filing status determines your standard deduction, tax rates, and eligibility for credits and deductions. Your marital status on the last day of the tax year dictates your filing options. Married individuals primarily consider Married Filing Jointly and Married Filing Separately, though Head of Household can apply in specific situations.

Married Filing Jointly (MFJ) is a common choice where spouses combine their incomes, deductions, and credits on a single tax return. This status is available if you are married or if your spouse passed away during the tax year.

Married Filing Separately (MFS) allows each spouse to file their own tax return, reporting individual income, deductions, and credits. If one spouse files separately, the other spouse must also file separately. This option is for those who wish to be responsible only for their own tax liability.

In certain circumstances, a married individual might qualify for Head of Household (HoH) status. To be considered unmarried for HoH purposes, you must have lived apart from your spouse for the last six months of the tax year and paid more than half the cost of keeping up your home for a qualifying person, such as a child or other dependent.

Implications of Filing Separately

Filing separately can significantly impact various tax benefits compared to filing jointly. One notable difference is the standard deduction amount. For the 2024 tax year, the standard deduction for married filing separately is $14,600 per spouse, which is half of the $29,200 for married filing jointly. If one spouse itemizes deductions, the other spouse must also itemize, even if their individual itemized deductions are less than the standard deduction.

Filing separately limits eligibility for several tax credits and deductions. These often include the Earned Income Tax Credit, education credits, the Child and Dependent Care Credit, the student loan interest deduction, and the exclusion for interest income from qualified U.S. savings bonds used for higher education expenses.

In community property states, such as Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin, special rules apply. If you are domiciled in a community property state and file separately, you must report half of all community income and all of your separate income. Community income is generally income acquired during the marriage while domiciled in a community property state.

When filing separately, each spouse is responsible only for the tax reported on their individual return. This differs from joint filing, where both spouses are jointly and individually liable for the entire tax liability. The capital loss deduction limit for married filing separately is $1,500 per spouse, compared to $3,000 for a joint return.

Gathering Information for Separate Filings

To prepare individual tax returns when filing separately, each spouse needs to collect specific financial documents. This includes all forms detailing individual income sources, such as Form W-2 for wages, Form 1099-INT for interest income, Form 1099-DIV for dividends, Form 1099-NEC for nonemployee compensation, and Schedule K-1 for partnership or S corporation income.

Documentation for individual deductions and credits is also necessary. This may include statements for student loan interest, contributions to Individual Retirement Accounts (IRAs) or Health Savings Accounts (HSAs), medical expenses, charitable donations, and state and local taxes paid if itemizing.

For shared expenses, such as mortgage interest or property taxes, spouses must agree on how to allocate these amounts between their separate returns. This allocation is particularly important in community property states, where community income and deductions are generally split equally. If dependents are involved, determine which spouse will claim them and gather their Social Security numbers or Individual Taxpayer Identification Numbers (ITINs). These numbers are necessary for both spouses, even when filing separately.

The Process of Filing Separately

Once all necessary documents and information are gathered, the process of preparing and submitting separate tax returns begins. Each spouse will select “Married Filing Separately” as their filing status on their respective Form 1040.

Individual income, deductions, and credits are then entered onto each spouse’s separate tax form. For shared items like mortgage interest or property taxes, the agreed-upon allocation must be accurately reflected on each return. In community property states, Form 8958, Allocation of Tax Amounts Between Spouses in Community Property States, must be attached to each return to show how community income, deductions, and credits are divided.

After completing the returns, they can be submitted electronically through tax software or mailed as paper forms to the Internal Revenue Service. E-filing typically offers faster processing and confirmation of receipt. If mailing, it is advisable to send returns by certified mail with a return receipt requested to have proof of submission.

Following submission, you can usually track the status of your refund through the IRS “Where’s My Refund?” tool. If taxes are owed, payments can be made electronically through IRS Direct Pay, by mail with a check or money order, or through other approved methods. Processing times can vary but generally range from a few weeks to several months, especially for paper-filed returns.