Filing jointly is a choice. You can choose to do so if it benefits you or you can file as "married filing separately". There is another option, it is pretty restrictive and i would consult a tax accountant first, but according to the IRS website if you are separated and have lived and maintained separate houses during the tax you may be able to claim Head of Household status. I am checking into this because it would definitely benefit us tax wise. Just a thought.

BA