You are separated?
Go to a divorce lawyer and talk about whether you would qualify for spousal support. You haven't given us any facts, beyond your objection to the way your husband filed the tax return. A court will determine temporary or permanent maintenance one case-by-case basis by considering the following factors:
(1) any income or assets of the parties including the property award;As we have no ability to review the tax return, and know nothing about your living arrangements during the 2008 tax year, take a copy with you to your meeting with your lawyer and discuss it with your lawyer, as well.
(2) the length of the marriage and the age and health of the parties;
(3) the earning potential of both parties;
(4) If and how long it would take the party seeking support to become self-supporting;
(5) reduced or lost lifetime earning capacity;
(6) the presence of children of the marriage in the respective homes of the parties;
(7) the tax ramifications;
(8) contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;
(9) any dissipation of assets;
(10) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and
(11) any other factor which the court shall expressly find to be just and proper.