If your spouse is in prison what should your filing status be when you file your taxes?

It will be the same although you can take it to court and testify == Your individual state laws may say otherwise, but you should be able to file "Married Filing Jointly. Your spouse incarecerated will have no reportable income, so should not affect the filing. It varies by state though, because inmates in many states are concidered wards of the state precluding them from filing at all. Check your state's laws.