You would have to file either married/separate or married/joint for 2010. If you husband owes back taxes, the portion of the refund attributable to you will be taken to satisfy his back taxes. Depending on the amounts involved, it may be worthwhile for you to file married/separate. However, bear in mind that filing married/separate has its disadvantages and there are certain limitations on what deductions can be taken. You should have a certified public accountant prepare draft returns to see if it is in your best interest to file joint or separate. Good luck!
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
Were you married in 2009? If so, then if you file married filing jointly for both years, your spouse's potential tax refund may be taken to satisfy the joint tax liability. Unless you're capable of settling your back taxes before filing for 2010, you may want to file as married filing separately. Filing married filing separately will keep tax matters separate but it may cost more overall. You should meet with a tax professional to review your specifics.
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