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May 29, 2025
Question

How would I file taxes if my spouse was incarcerated for all but 3 months of the year? We usually file married filing joint.

  • May 29, 2025
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2 replies

May 29, 2025

You can still file a joint return as long as your spouse agrees to file that way.  By filing a joint return you will get the married filing jointly standard deduction of $29,200 and the child-related credits like earned income credit if you are eligible.   

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May 29, 2025

It is always allowed to file jointly if you are legally married if you agree to do so, even if you are living apart for some reason.  Joint filing almost always results in lower taxes, for various reasons.