Married Filing Jointly Filing Status

If you and your spouse file as Married Filing Jointly, your tax may be lower than your combined tax would be for another filing status. Your standard deduction may be higher, and you may qualify for other tax benefits that do not apply to the other filing statuses.

See the tax rates and standard deduction for Married Filing Jointly.

In most cases, it is more advantageous for a married couple to file a joint tax return. Filing jointly often means a bigger tax refund or a lower tax liability. But this is not always the case. You may want to calculate your refund or balance due using both the Married Filing Jointly and Married Filing Separately filing statuses. You can then use the filing status that gives you and your spouse the biggest refund or the lowest tax liability.

Learn about the Married Filing Separately filing status.

We encourage you to use the free efile.com tax calculator to estimate the results of preparing a joint return versus separate returns.

You can use the Married Filing Jointly filing status if both of the following statements are true:

1. You were married on the last day of the tax year.
2. You and your spouse both agree to file a joint tax return.

If you are married, you and your spouse can agree to file a joint tax return. You can file a joint tax return with your spouse even if one of you had no income.

Am I Considered Married?

Your marriage status for tax purposes is determined by your marriage status on the last day of the tax year. If you were married on December 31, then you are considered to have been married all year. If you were unmarried, divorced, or legally separated (according to state law) on December 31, then you are considered unmarried for the year. There is an exception to this rule for the death of a spouse.

Married, but live apart?  If at the end of the tax year (Dec. 31)  you were not divorced or legally separated, you are considered unmarried if all of the following apply.

What If I Was Divorced?

Your marriage status is determined by your status on the last day of the year. If you were divorced on or before December 31, then you are considered unmarried for the entire year and you cannot use either married filing status: Married Filing Jointly or Married Filing Separately. This is true even if you were married for most of the year.

If you filed a joint return while married, and were then divorced, you are still responsible for any tax liability from the joint return.

What If My Spouse Died During the Year?

If your spouse died during the year, you are still considered married for the whole year. You can still use the Married Filing Jointly filing status for the year of your spouse's death, if you wish. You can still file as Married Filing Jointly even if your spouse died on January 1 (the first day of the tax year).

For the next two years, you may be able to file as a Qualifying Widow or Widower with a Dependent Child.

What If My Spouse Is a Nonresident Alien?

In general, a joint return may only be filed by a married couple when neither spouse was a nonresident alien at any time during the year. But there is an exception: If one spouse was a nonresident alien (or dual-status alien who was married to a U.S. citizen or resident alien) on December 31, the couple can choose to file a joint return. If a joint return is filed, the nonresident spouse will be treated as U.S. resident for the entire tax year.

Can Same-Sex Married Couples File Jointly?

The IRS does not currently recognize same-sex marriages. If you are a same-sex couple, even if you have been legally married in your state, you will not be able to file as Married Filing Jointly nor as Married Filing Separately on your federal tax return. If one of you qualifies, you may file as Head of Household (only one member of a household may qualify for that filing status). Otherwise, you will unfortunately have to file as Single.

If you file a joint return with your spouse, you cannot then amend that return to file separately after the filing deadline has passed. That is a good reason to file or efile early. If you file before the deadline, you can amend your joint return to separate returns up until the day of the deadline.

There is an exception in the case of a deceased spouse. A representative for the decedent can amend a joint return (as filed by the surviving spouse) to a separate return for the decedent for up to 1 year after the due date of the return, including any tax extension that was filed.

Find out how to file a tax amendment.

You can claim the Married Filing Jointly filing status when you prepare your return on any of the 3 major tax return forms: 1040EZ efile it, 1040A efile it, or 1040 efile it (learn which 1040 form to file). It is easy to file as Married Filing Jointly on efile.com. Choosing your filing status is one of the first things you do when you start preparing your tax return online. The efile.com online tax software will then apply the correct tax rates and standard deduction amount to your return.

If you file as Married Filing Jointly on efile.com and your return can be prepared on a Form 1040EZ, you will qualify for a free federal tax return with the Free Federal Edition.