US Federal Tax Status: Married Filing Jointly

Tax definitions for married filing jointly? Find out on

you can file married filing jointly if you are married an both you and your spouse agree to do so. If both you and your spouse got income it could me more beneficial to file  Married Separately. Choose the status that gives the lowest combined tax.

You are considered to be married if:

  • you are married and live together with your spouse as husband and wife
  • you live together in a common law marriage that is recognized in the state where you live now or in the state where your common law marriage began
  • you are married but live apart, without legal separation under a decree, divorce or separate maintenance
  • you are separated under an interlocutory decree of divorce, which is not final
  • your spouse died in this tax year and you did not remarry this tax year, the next two years you may be entitled to file Qualifying Widow(er) with Dependent Child

For the tax year 2013 and going forward, same-sex spouses generally must file their federal tax returns using a married filing separately or jointly filing status. This federal ruling is also applicable for married same-sex couples living in a state that does not recognize their marriage. Read more about the ruling at IRS Answers to frequently asked questions about same-sex married couples.