I've been unemployed for several years now due to disability but I've collected State General Assistance while fighting for my SSDI. I'm legally married but as of last week separated. Due to other, let's say issues, he did not work either since the first 2 months of 2019. We have not filed for several years and I really want to get caught up and make sure it's all good. How do I file for these past years without my husband around to sign? Married but separate? I'm not trying to leave him in a jam but then again he's never thought of the difficult position I've been left in. I really do appreciate advice on this!!
I'm not a tax pro, but MFS might be your only recourse… The good side is you'll be protected from penalties from his failure to file, but the downside is you'll be disqualified for most deductions and credits… if there's any way you can pressure him into filing jointly (and you feel you can trust him enough that you have all applicable information… probably the biggest sticking point…), you'll get a more favorable tax treatment. I think there's also a thing called 'injured spouse relief', if the IRS tries to come after you for issues of his income… but I don't know anything about how that works or how effective it is. I suggest filing your past years ASAP to guard against past penalties. If he comes around in the next couple months, you can probably file a 1040X to amend a return and get the more favorable MFJ treatment, but at least the main return is filed and you've shown good faith to the IRS. An actual tax pro or tax attorney could give you better advice, but I hope I could give a little bit of a starting point. I like to read and play with numbers :-P
Make sure you file injured spouse form it will protect you from his debt
