| If there is no separation agreement then the IRS considers you married and you can file either jointly (which may be what your husband did) or as married filing separately (MFS). There is one exception to this rule, however. If you lived apart from each other the last six months of the year and one of you had a dependent child who lived with you for the entire year, then that person is considered unmarried and can file as head of household (HOH). In that case the other person would still have to file as MFS. Publication 501 explaind this fully.
You're husband cannot claim you as a dependent and if he filed jointly, then your signature is required on the form. Assuming you have not filed for tax year 2001, then one option you have is to file (MFS or HOH), and if you're husband did file jointly or claimed you as a dependent, the IRS will issue correspondence to both of you, requesting that one of you file an amended return. |