Can I File Taxes Without My Husband or Wife?

Yes, you can file taxes without your spouse. It is not illegal to file taxes separately when married. The IRS allows married couples to choose Married Filing Separately if your spouse refuses to file, won’t share information, or you want to avoid shared liability.

If you’re married and wondering, "Can I file taxes without my husband?", you’re not alone. Many married taxpayers feel confused or stuck at tax time because their spouse is uncooperative, unavailable, or unwilling to file a joint tax return. The good news is that the Internal Revenue Service gives you options, and filing separately is completely legal when done correctly.

This guide breaks down what the IRS requires, what happens when your spouse doesn’t want to file, and how to choose the right tax filing status for your situation.

For a full overview of how the filing status works, see our Married Filing Separately Guide, which covers rules, requirements, and when this filing status makes sense.

Is It Illegal to File Taxes Separately When Married? What the IRS Actually Allows

Let’s clear up the most common misconception: Is it illegal to file taxes separately when married? No. According to IRS Publication 501, married taxpayers can file either a joint return or separate returns, as long as the information reported is honest and complete.

What would be illegal is providing false, incomplete, or fabricated information, including:

• Filing using the wrong tax filing status
• Omitting income
• Using a spouse’s information without consent
• Creating a false “legal separation” that doesn’t actually exist

But choosing Married Filing Separately is a valid, recognized filing status. Most married couples file jointly because the tax rates, thresholds, and tax benefits are more favorable, but the IRS does not force joint filing.

The IRS cares about accuracy, not marital harmony.

IRS Rules for Filing Separately Without Your Spouse

Here’s the IRS rule summary you need to know:

1. You must choose a valid filing status

When married, you generally must choose:

• Married Filing Jointly (MFJ)
• Married Filing Separately (MFS)

You are counted as legally married for the entire tax year unless you have a final divorce decree by December 31.

2. The IRS generally requires your spouse’s Social Security number

Even on a separate return, the IRS asks for:

• Spouse’s full legal name
• Spouse’s Social Security number
• Whether your spouse filed their own tax return

You’re asked to include your spouse’s Social Security number even when filing separately. If you can’t obtain it, document your attempts in writing and file using Married Filing Separately with the information you have.

Source: IRS Pub. 501

3. You must report your own income, deductions, and credits

Under MFS, each spouse reports:

• Individual income
• Individual tax deductions
• Individual tax credits
• Individual tax documents (W-2, 1099, etc.)

In a community property state, most income earned by either spouse is usually split between both spouses when filing separately. Allocation rules follow IRS Pub. 555 and IRS Form 8958.

4. You must be honest about your marital situation

A couple is not considered legally separated unless there is a court decree. Simply living apart does not constitute legal separation for federal income tax purposes. For tax purposes, if a couple lives apart and has a separation agreement or divorce decree, then the person can file as Single or Head of Household, if qualified.

If it is an informal separation in which couples live apart without any legal paperwork, they are still considered married for tax filing purposes.

What to Do If Your Spouse Refuses to File Taxes

This is one of the most common reasons people ask whether they can file without their spouse. Here’s what you can do depending on the situation.

Scenario 1: Your spouse refuses to file jointly

If one spouse refuses to sign a joint return:

• You cannot file jointly
• You can file a separate return
• Your spouse can file their own separate return

Your tax return is not held hostage by their refusal.

Scenario 2: Your spouse won’t share tax documents

If your spouse refuses to provide:

• Income information
• Tax documents
• Their Social Security number

You can still file:

• Using Married Filing Separately
• With the information you have
• While documenting your attempts to get missing information

This protects you from penalties for failing to file. If mailing your return, attach a brief explanation of the attempts made.

Scenario 3: Your spouse disappeared or is unreachable

As long as you were legally married on December 31, you must file either MFJ or MFS. Most taxpayers in this situation choose MFS because it does not require a signature from the other spouse.

Scenario 4: Safety or financial abuse concerns

If filing jointly would expose you to:

• Financial liability
• Refund seizure
• Safety risks

You can file separately without needing your spouse’s consent.

Scenario 5: Your spouse filed incorrectly, or you don’t trust their return

If your spouse filed inaccurate taxes, a joint return could expose you to joint liability. Filing separately protects you from being responsible for their errors.

If you’re unsure whether your situation qualifies as a good reason to file separately, see our guide on when to file Married Filing Separately to understand the most common scenarios.

Filing Options If You Don’t File Jointly

Here’s a quick chart to understand your choices.

Filing Options Quick Chart

Most married taxpayers who want to file without spouse involvement end up choosing married filing separately.

Married Filing Separately: Tax Breaks You Lose

Because MFS is the most restrictive filing status, married taxpayers lose several tax benefits. Some of these drawbacks include:

Higher tax rates

MFS tax brackets are narrower, resulting in higher tax owed for the same income.

Reduced or disallowed tax credits

Several tax benefits are reduced or disallowed when you file MFS. For example, you generally cannot claim the Earned Income Credit, the American Opportunity Credit, or the Lifetime Learning Credit.

Source: IRS Pub. 501, Married Filing Separately

For the full technical list, see our guide on MFS Penalties and Restrictions.

Loss of certain deductions

You may lose or limit:

• Student loan interest deduction
• Retirement account deduction phaseouts
• Itemized deductions like mortgage interest and property taxes if the other spouse chooses the standard deduction.

Community property complications

In community property states, income and deductions may need to be split equally or allocated in accordance with IRS Form 8958.

When Filing Separately Might Actually Help

Even though Married Filing Separately is restrictive, there are situations where it’s beneficial.

1. Your spouse has significant debt

Filing jointly may expose your refund to IRS refund offsets for:

• Unpaid taxes
• Student loan defaults
• Child support
• Unemployment overpayments

Filing separately protects your refund.

2. You don’t want to be responsible for your spouse’s mistakes

Under a joint return, both spouses are responsible for:

• Taxes owed
• Penalties
• Interest
• Underreporting income

MFS avoids sharing liability.

3. One spouse has large medical bills

Medical expenses must exceed 7.5 percent of adjusted gross income. Filing separately can help the lower-income spouse qualify.

4. Lower student loan payments

On income-driven repayment plans, filing separately can reduce the monthly payment by excluding one spouse’s income.

5. You’re separated or living independently

Even if you are not “legally separated,” filing separately can help keep finances clean while preparing for divorce or formal separation.

Examples

Here are a few real-world situations where filing separately makes sense.

Example 1: Spouse won’t share income info

You ask for tax documents. They refuse to share documents.

Example 2: High debts

Your spouse owes back taxes and child support.

Example 3: Midyear separation

You lived apart for the last six months and have a child.

Source: IRS Pub. 501, Head of Household

Conclusion

So, can I file taxes without my husband or wife? Yes. Filing separately is legal, allowed by the IRS, and often the safest choice when your spouse refuses to cooperate, carries debt, or you want financial separation.

Ready to file your taxes? Start your tax return today.