id="en_US_2024_publink1000170744"> Married persons. If you are considered married, you and your spouse can file a joint return or separate returns. Considered married. You are considered married for the whole year if, on the last day of your tax year, you and your spouse meet any one of the following tests. You are married and living together. You are living together in a common law marriage recognized in the state where you now live or in the state where the common law marriage began. You are married and living apart, but not legally separated under a decree of divorce or separate maintenance. You are separated under an interlocutory (not final) decree of divorce. Spouse died during the year. If your spouse died during the year, you are considered married for the whole year for filing status purposes. If you didn't remarry before the end of the tax year, you can file a joint return for yourself and your deceased spouse. For the next 2 years, you may be entitled to the special benefits described later under Qualifying Surviving Spouse . If you remarried before the end of the tax year, you can file a joint return with your new spouse. Your deceased spouse's filing status is married filing separately for that year.
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