ErnieS0
Expert Alumni

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Filing status and residency are two separate issues. Someone who is married can’t file as single. Your husband’s filing status would be married filing separately no matter how he files his Maine return.

 

The second issue is residency, which is based on individual facts and circumstances. As a general rule, in order to change residency, you must abandon your old residency and establish a new residency. Your driver’s license and voter’s registration are two factors to consider.

 

Intent and where your husband has a closer connection will generally carry more weight. 

 

Based on what you said, it appears your husband is more of a nonresident of Maine than a part-year resident in 2022 since he returns to his Massachusetts home every weekend, and has a limited employment contract and “plans” rather than "has" taken definite steps to establish Maine residency. Such steps would include changing his banks, doctors, etc. to Maine and relocating prized possessions and heirlooms from MA to ME.

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