Date posted: January 14, 2009
Can I file a joint return with my spouse. I've been separated from her since August when she left me; we're in the process of getting a no-fault divorce.
Can I file a joint return with my spouse. I've been separated from her since August when she left me; we're in the process of getting a no-fault divorce.
— Submitted by Clifton
Marital status for purposes of federal income taxes is determined on the last day of the year. Because you were still legally married on December 31, 2008, you are still permitted to file a joint return for 2008.
However, if one spouse opts to file a separate return, the other cannot choose to file jointly and must also file as "married filing separately" in most cases (it may be possible for a spouse to qualify as an "unmarried head of household" if the spouse lived apart for the last 6 months of the year with a dependent child).
