@gordonowski wrote:
I realize that from a legal ownership standpoint, my wife is entitled to half of my income. I'm still unclear as to whether this requires her to claim 50% of my income on her tax return (outside of the 8958 form) if we live in a community property state?
It sounds like in non-community property states, what we're trying to accomplish is fairly straightforward (https://www.studentloanplanner.com/married-filing-separate-paye-and-ibr/). I'm not quite sure how the screens I'm referencing in my original post get pulled through to the actual tax forms, which could help me as I look into this.
In a community property state, you each must report half your community income when filing separately.
Now, you might have non-community income. Your wages before the date of your marriage might be non-community income, and if you or she has assets from before the marriage that generate income (like stocks or rental property) that might not be community income. This varies per the laws of each state and you really should have an accountant help you.
