According to the California Franchise Tax Board:
If you file a joint tax return for federal purposes, you may file separately for California if either spouse was either of the following:
- An active member of the United States armed forces or any auxiliary military branch during 2023.
- A nonresident for the entire year and had no income from California sources during 2023.
Since Florida is not a Community Property state, community property rules do not apply. If you have income from sources that are owned jointly (such as interest, dividends, and capital gains) you will need to report half of that income. The same for loss carryovers. As for the children, you can claim them as dependents on your California state tax return.
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