if your spouse dies are you still considered married for taxes
Death of One Spouse. If your spouse dies during the tax year, you can still file a joint married return with him. Even if he dies in January, you're considered married for the entire year, as long as you don't remarry before December 31.In that case, you could file jointly with your new spouse, and you â or the executor of your first spouse's estate â would have to file a return for him as married but filing separately.ven if he dies in January, you're considered married for the entire year, as long as you don't remarry before December 31. In that case, you could file jointly with your new spouse, and you â or the executor of your first spouse's estate â would have to file a return for him as married but filing separately.