I am legally separated. You only have to be legally married (and legally separated is still legally married) for one calender day per year to file jointly. But you can file "married separate" if you so choose. Just be sure you inform your spouse of your intentions before you do so she knows how to file!
You don't have to be legally separated to file "married separate" but it usually comes with a penalty if you do file that way. My H is the one that will incur more penalties than me and if I include his income on my financial aid applications I will not qualify for aid. So I am doing what is best for me!
