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Husband is retired and lives in an income tax state; My work life is complicated; in the past four years, we've only lived in the same state one of them.  Four years ago and again this year I am living and working in NH, which has no income tax.  Husband has no tax liability (his retirement income is less than the standard deduction), but when I filed jointly and timely and properly claimed out of state status in his state, they wanted full payment of state taxes.  It took three years and $1000 in legal fees to fight it.  I really don't want to go through that again.