Maybe. NY should be the same as federal but there are exceptions for married individuals. For married individuals who file a joint federal return, the following exceptions to federal filing status apply.
1) If one spouse is a resident of New York State and the other is a nonresident or part-year resident, the taxpayers must either file separate New York returns using Married Filing Separate status or file jointly as if both spouses were New York residents.
2) If the taxpayer is unable to file a joint New York return because the address or whereabouts of the taxpayer’s spouse is unknown, the taxpayer may file a separate return using Married Filing Separately status. In this case, the taxpayer must be able to demonstrate that reasonable efforts have been made to locate the spouse, and good cause exists for the failure to file a joint New York return.
3) If the taxpayer’s spouse refuses to sign a joint New York return, the taxpayer may file a separate New York return using Married Filing Separately status. Reasonable efforts must have been made to have the spouse sign a joint return and there must be objective evidence of alienation, such as legal separation, divorce decree, protection order, or living apart for the preceding 12 months.
See instructions for Form IT-201 - Department of Taxation
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
