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Your spouse cannot be claimed as your dependent. However, if you are filing married filing separately, you can claim your spouses exemption if the following applies:
- You are filing using the married filing separate filing status.
- Your spouse doesn’t have income or a tax return filing requirement.
You can get the same tax benefit by filing using the married filing joint status. The married filing separate filing status has the least advantageous tax brackets, your child tax benefits are lowered significantly, and you loose the earned income credit. You will get a much better refund if you file with your husband using the married joint status.
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