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If you are considered married at the end of the year, you can never file single. If you don't want to file jointly with your spouse, you can choose "married filing separately." Under rare circumstances where you have not lived with your spouse at all during the last six months of the year, your spouse is not returning, and you meet the other qualifications for head of household, you may file as Head of Household.

Frequently it's better to file as married filing jointly though...especially if one has a high and the other a low income.

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Q: Married under 6 months can you still file single?
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Can you file joint if your husband files single and you are still legally married?

Unless your husband is in reality your ex-husband under a decree of divorce or separate maintenance, he is not allowed to "file single." (Filing single is not the same thing as "married filing separately.") If you are married, the only filing statuses you may use are: 1) Married filing jointly 2) Married filing separately 3) Head of Household under rare circumstances where your spouse did not live with you at all during the last six months of the year, is not reasonably expected to return, and you maintain a household for a qualifying dependent child. If your husband has already filed, properly or improperly, your only choice is Married Filing Separately (or Head of Household if you qualify). Your husband can't file two returns. If your husband comes to his senses later, you can amend your returns and file a joint return.


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