Little Rock, AR asked in Tax Law for Arkansas

Q: If my spouse is incarcerated, can I file married jointly?

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1 Lawyer Answer
D. Mathew Blackburn
D. Mathew Blackburn
Answered
  • Tax Law Lawyer
  • Englewood, CO

A: Yes. Under IRS rules and regulations, deferring to state marital law, incarceration does not change your marital status. You are able to file married jointly.

You could also file as Married Separate (generally not beneficial) or Head of Household if he was incarcerated for at least 6 months of the year. Married joint is likely the best filing status.

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