Can I use Married Filing Separately (instead of Married Filing Jointly) if I am married and still ge

Updated: Feb 24

You will still get the Child Tax Credit this year (though the phase-out thresholds are half the amount). So, that means you’ll get the full $3,600 if your income is up to X instead of up to X if you were filing Married Filing Jointly.


You can't take the credit for child and dependent care expenses in most cases, and the amount you can exclude from income under an employer's dependent care assistance program is limited to $5,250 (instead of $10,500 on a joint return). However, if you are legally separated or living apart from your spouse, you may be able to file a separate return and still take the credit. See What’s Your Filing Status? in Pub. 503 (Page 7 of IRS Publication 501)


You will not get the EITC though, unless you were legally separated from your spurs of living away from them for the last 6 months of the year.