Do I have to file a joint return with my spouse?

No, you can file either as married filing joint or married filing separate.

Married Filing Separate

If you file separately your taxes will most likely be higher. Many credits—such as earned income, education (Hope and lifetime learning), and child care—are not allowed when you file separately.

Head of Household

There are special circumstances where people who are married but either do not want to or cannot file with their spouse can file as Head of Household, which therefore entitles them to these credits and a lower tax bracket.

In order to qualify as a Head of Household you must meet the following conditions: ​​

1. You lived apart from your spouse for the last six months of the tax year. Temporary absences for special circumstances, such as for business, medical care, school, or military service, count as time lived in the home.

2. You filed a separate return from your spouse.

3. You paid over half the cost of keeping up your home for 2020. Your home was the main home of your child for over half of the year.

4. You can claim this child as your dependent.

If you do not meet all these conditions but are legally separated as of the last day of the year, you may also qualify to file as single.