No. You will need to either file NY MFJ or MFS and same for PA.
In nearly all cases, you must use the same filing status that you used on your federal return. If you did not have to file a federal return, use the same filing status that you would have used if you had filed. Same-sex married couples see Personal income tax information for same-sex married couples.
The only exceptions to this rule apply to married individuals who file a joint federal return and:
- one spouse is a New York State resident and the other is a nonresident or part-year resident. In this case you must either:
- file separate New York State returns using filing status ③; or
- file jointly, as if you both were New York State residents, using filing status ② Filing Status
If you choose to file MFJ for both states, then yes, you would pay taxes to the state for both of your income as NY has you treat each person as a resident. However, you would be able to claim a credit for taxes paid to another state on your NY return. Be aware, in general, NY taxes are higher than PA income flat tax rate, so you may end up paying more overall.
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