How married filing separately works & when to do it (2024)

Picking your first house, learning about each other, planning for your future – of the many joys of marriage, sitting down and figuring out how you’ll prepare taxes is not usually one of them. If you’re married, there are two options for your filing status with the IRS: married filing jointly and married filing separately.

What is married filing separately?

Married filing separately is one of five different tax-filing statuses that you can choose from. It means that you and your spouse each report income, deductions, credits and exemptions on separate tax returns instead of on one return jointly.

For example, a couple choosing to file separately would each file their own Form 1040 and any accompanying schedules, like Schedule 1, Schedule A or Schedule D. When filing separately, you and your spouse are only responsible for your own individual tax liability. You’re not responsible for any tax, penalties or interest that might result from each other’s returns.

How married filing separately works

When choosing the married filing separately, keep in mind that there are a few rules you must follow. For example, if one of you itemizes deductions on Schedule A instead of taking the standard deduction, both of you will have to itemize deductions. And you’ll have to decide who gets which deductions, which can get complicated if you want to deduct your mortgage interest, for example.

For tax year 2023, the standard deduction is $13,850 for married couples filing separately. Filing separately might also exclude you from eligibility for certain tax deductions and credits (see below).

Keep in mind that married filing separately and filing as a single unmarried person are two different things. In other words, you can’t choose the single filing status if you’re married. In some situations, the tax brackets are different for single filers and married couples filing separately.

How married filing separately vs. jointly affects tax rates

How you file will impact your income tax bracket. Following are the tax rates for married individuals filing jointly or separately.

2023 federal income tax rates (for taxes due in April 2024)1

Tax rate

Married filing jointly

Married filing separately

10%

$0 to $22,000

$0 to $11,000

12%

$22,001 to $89,450

$11,001 to $44,725

22%

$89,451 to $190,750

$44,726 to $95,375

24%

$190,751 to $364,200

$95,376 to $182,100

32%

$364,201 to $462,500

$182,101 to $231,250

35%

$462,501 to $693,750

$231,251 to $346,875

37%

$693,751 or more

$346,876 or more

2024 federal income tax rates (for taxes due in April 2025)2

Tax rate

Married filing jointly

Married filing separately

10%

$0 to $23,200

$0 to $11,600

12%

$23,201 to $94,300

$11,601 to $47,150

22%

$94,301 to $201,050

$47,151 to $100,525

24%

$201,051 to $383,900

$100,526 to $191,150

32%

$383,901 to $487,450

$191,151 to $243,725

35%

$487,451 to $731,200

$243,726 to $365,600

37%

$731,201 or more

$365,601 or more

The benefits of married filing separately

While the tax code encourages married couples to file their tax returns jointly, there are a few scenarios where married filing separately could be beneficial.

These include when both spouses have about the same amount of income and when combining income pushes a couple into a higher tax bracket. Other scenarios where married filing separately might make sense include the following:

  1. You and/or your spouse have deductions based on Adjusted Gross Income (AGI). High medical expenses are a common example of deductions subject to AGI limits. You can deduct medical expenses that exceed 7.5% of your AGI if you itemize.

  1. You and/or your spouse have income-based student loans. If your Student Loan repayment plan is based on your income, filing separately may reduce the payments you’re making on the obligation, depending on your income. However, there are also education tax credits you might lose as a result of filing separately (see below), so be sure to weigh your options.

  1. You live in a community property state. If you or your spouse live in what is known as a community property state, special rules apply for allocating income and assets. Even though you may file separate returns, each of you may be obligated to report half of your combined income and deductions on each return.

  1. Protection against liability issues. Married filing separately may be an appropriate option if there is a lack of trust between spouses. Both partners must consent to filing a joint tax return, so filing separately can help if one spouse suspects the other of tax evasion or misfiling tax documents.

  1. You are not willing to file together. Married filing separately can also accommodate couples who are in the process of divorce or separation. Even if divorce or separation isn’t an issue, filing separately can allow each spouse to maintain autonomy over their own tax situation and potentially their own finances.

In general, choosing the married filing separately status may makesense when couples without dependents have large, itemized deductions or are separating.

The drawbacks of married filing separately

The fact is, filing jointly makes sense for most married couples and most decide to file jointly because it tends to result in a lower tax bill and easier filing.

One of the biggest drawbacks to married filing separately is that you may lose potential tax breaks, credits and deductions. These include the following:

  • The Child and Dependent Care Expenses Credit — This allows you to claim unreimbursed childcare expenses like babysitting, daycare and summer camp as a nonrefundable tax credit.
  • Education tax credits — These include the American Opportunity Tax Credit and the Lifetime Learning Credit, which help offset costs for post-secondary education.
  • Student loan interest — The interest paid on student loans may be tax-deductible if you’re married and file jointly.

Other tax credits that aren’t available to married couples filing separately include the Earned Income Tax Credit (EITC), the Adoption Tax Credit and the Credit for the Elderly or Disabled. Also, the Child Tax Credit and the Retirement Savings Contribution Credit will be limited to half the amount they would be if you filed jointly.

Which filing status should you choose?

One of the best ways to figure out whether filing separately or jointly is best for you is to prepare your tax return both ways and look at which method results in the lowest tax liability. If you use tax software to prepare your tax return, many of today’s products will perform this calculation for you and provide a recommendation.

Remember, these are just general guidelines regarding the pros and cons of various tax filing statuses. It’s important to understand the married filing separately rules, so you should consult a tax professional about your specific circ*mstances.

How married filing separately works & when to do it (2024)

FAQs

At what point is it better to file separately? ›

There are several situations in which a couple should file separately. These include divorce or separation, issues with liability, the repayment of student loans, or different pay scales.

What is the downfall of filing married filing separately? ›

The fact is, filing jointly makes sense for most married couples and most decide to file jointly because it tends to result in a lower tax bill and easier filing. One of the biggest drawbacks to married filing separately is that you may lose potential tax breaks, credits and deductions.

What are the rules for filing married filing separately? ›

California is a community property state. When filing a separate return, each spouse/RDP reports the following: One-half of the community income. All of their own separate income.

What are the disadvantages of married filing separately? ›

Filing separate tax returns causes you to be taxed at a higher tax rate. The standard deduction for married filing separate filers is $14,600 for 2024, which is significantly lower than the amount available to married filing joint filers.

Do you get a bigger tax return if you file separately? ›

Advantages of Filing Separate Returns

A joint return will usually result in a lower tax liability (owed federal taxes) or a bigger tax refund than two separate returns.

What tax credits do you lose if you file married filing separately? ›

Married filing separately is the ideal tax filing status if both spouses want to keep their tax liabilities separate. But if you file separate returns, you miss out on a number of tax credits and deductions that are meant for married couples, such as the earned income tax credit and the American Opportunity Tax Credit.

What is the standard deduction for married filing separately? ›

Standard Deduction 2024 (Returns Due April 2025)
Filing StatusStandard Deduction 2024
Single; Married Filing Separately$14,600
Married Filing Jointly & Surviving Spouses$29,200
Head of Household$21,900
Mar 11, 2024

Who claims Head of Household when married filing separately? ›

However, if you are filing separately, you can claim head-of-household status if you meet these three criteria: Your spouse did not live with you for the last six months of the year. You provided the main home of the qualifying child and paid for more than half the home costs.

Is there a penalty for married filing separately? ›

Any legally married couple can opt to file their tax returns separately. The “married filing separately” status doesn't come with any tax penalties in the true sense of the word — but you might miss out on certain tax breaks and end up with higher taxes.

Who claims interest income if married filing separately? ›

When claiming married filing separately, mortgage interest would be claimed by the person who made the payment. Therefore, if one of you paid alone from your own account, that person can claim all of the mortgage interest and property taxes.

Do you get less money if you file married filing separately? ›

A couple may pay the IRS less by filing separately when both spouses work and earn about the same amount. When they compare the tax due amount under both joint and separate filing statuses, they may discover that combining their earnings puts them into a higher tax bracket.

Do you lose earned income credit if married filing separately? ›

If you file as Married/Registered Domestic Partner (RDP) and you file separately, you cannot qualify for EITC unless you had a qualifying child who lived with you for more than half of 2023 and either of the following applies: You lived apart from your spouse/RDP for the last 6 months of 2023, or.

When should I file as independent? ›

Declare Yourself Independent for Financial Aid. A student age 24 or older by Dec. 31 of the award year is considered independent for federal financial aid purposes.

Who should claim dependents when filing separately? ›

Generally, the parent who provides the child's housing for most of the tax year gets to claim the child and the tax breaks.

What's the standard deduction for married filing separately? ›

$14,600

Does filing single take out more taxes? ›

More of your pay is withheld at the single rate than at the rate for married taxpayers.

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